EXCHANGE 
K'flV  1 


REVISION  OF  1905 


STATE  OF  MICHIGAN 


GENERAL    SCHOOL    LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED  UNDER  THE  SUPERVISION 


SECRETARY  OF  STATE 


I   \ 


BY  AUTHORITY 


LANSING,  MICHIGAN 

WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE  PRINTERS 

1905 


EXCHANGE 


REVISION  OF   l<>05 


STATE  OF   MICHIGAN 


GENERAL    SCHOOL    LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED  UNDER  THE  SUPERVISION  OF 


SECRETARY  OF  STATE 


LANSING,   MICHIGAN 

WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE  PRINTERS 

1905 


CONTENTS. 

CONSTITUTIONAL  PROVISIONS. 

Sections. 

Article  VIII.— State  Officers 1-3 

Article  XIII.— Education 4-15 

Article  XIV. — Finance  and  Taxation , 16 

STATUTORY  PROVISIONS. 

Primary  School  System — • 

(a) — Superintendent  of  Public  Instruction 17-23 

(b) — Formation,  Alteration,  Meetings  and  Powers  of  Districts ......  24-43 

(c)— District  Board  and  Officers '      44-69 

(d)— Township  Officers 70-91 

(e) — County  Clerk  and  Treasurer 92-94 

(f) — Bonded  Indebtedness  of  Districts 95-98 

(g) — Suits  and  Judgments  against  Districts 99-105 

(h)— Sites  for  Schoolhouses 4. .  .  106-120 

(i) — Appeals  from  Action  of  Inspectors 121-123 

(j)— Graded  School  Districts 124-129 

(k)— Libraries 130-142 

(1)— Penalties  and  Liabilities 143-152 

Miscellaneous  Provisions  relative  to  Education^and  the  Schools — 

(a)— Free  Text-Books 153-158 

(b) — Agricultural  College  Course 159 

(c)— Kindergarten  Method 160-163 

(d) — Teaching  of  Dangerous  Communicable  Diseases 164-165 

(e) — Appropriation  for  Teaching  of  above 166-167 

(f) — Publication  of  the  Proceedings  of  Annual  School  Meetings 168-.169 

(g)— Purchase  and  Display  of  United  States  Flag 170 

(h) — Returns  from  Incorporated  Institutions 171 

(i)— Teachers'  Certificate  from  U.  of  M 172 

(j)— State  Teachers'  Certificates 173-175 

County  Commissioners  and  School  Examiners 176-188 

Examination  of  Candidates  for  Admission  to  Agricultural  College 189-190 

Township  School  Districts  in  Upper  Peninsula 191-208 

Teachers'  Institutes 209-216 

Compulsory  Education 217-222 

Miscellaneous  Offenses — Crime  and  Truancy 223-225 

Protection  of  Children : 226 

Powers,  Duties  and  Officers  of  Townships — School  Inspectors 227-231 

Teachers'  Associations ' 232-234 

State  Accounts — Safe  Keeping  of  Public  Moneys 235-2-42 

State  Lands     Apportionment  of  Dog  Tax , 243 


381336 


CONTENTS. 


Sections. 

State  Normal  Schools 244-278 

Granting  of  Diplomas  by  State  Board  of  Education  in  Connection  with  State 

Normal  Schools 279 

Loan  Funds  for  Students 280-286 

State  Library  Commission 287-291 

Publication  and  Distribution  of  Laws  and  Public  Documents 292-296 

Rural  High  Schools 297-304 

Qualifications  of  Kindergarten  Teachers 305-307 

Annual  Reports  by  Librarians 308-309 

Providing  for  Tuition  and  Transportation  of  Certain  Pupils 310-311 

Establishment  of  County  Normal  Training  Classes 312-318 

Day  Schools  for  the  Deaf 319-324 

To  Insure  Payment  of  Subcontractors 325-328 

Cities  of  the  Fourth  Class — School  Districts,  and  Board  of  Education 329-330 

Appendix — Forms  for  Proceedings  under  the  School  Laws 331-368 

NOTE:  The  section  numbers  in  parentheses,  (  ),  are  Compiler's  Sections,  and  are  consecutive 
throughout  this  compilation.  Section  numbers  of  the  Compiled  Laws  of  1897  precede  each  section 
and  are  indicated  by  the  Section  Mark,  (§).  Notes  following  the  Sections  indicate  the  Amendments, 
Supreme  Court  Decisions,  etc.  Sec.  or  Section  the  section  of  the  law.  Annotated  with  Supreme 
Court  Decisions  to  and  including  the  134th  Mich,  report.  COMP. 


GENERAL 


SCHOOL  LAIS  OF  MIC 


.CONSTITUTIONAL    PROVISIONS. 


ARTICLE  VIII. 

STATE  OFFICERS. 

(1.)     SECTION  1.     There   shall  be  elected  at  each  general  state  officers 
biennial  election  a  Secretary  of  State,  a  Superintendent  of  u 
Public  Instruction,  a  State  Treasurer,  a  Commissioner  of  the 
Land  Office,  an  Auditor  General,  and' an  Attorney  General  for 
the  term  of  two  years.     They  shall  keep  their  offices  at  thewhereto 
seat  of  government  and  shall  perform  such  duties  as  may  bekeeP°mces 
prescribed  by  law. 

(2.)     SEC.  2.     Their  term  of  office  shall  commence  on  the  Term  of 
first  day  of  January,  one  thousand  eight  hundred  and  fifty-  °mce- 
three,  and  of  every  second  year  thereafter. 

(3.)     SEC.  3.     Whenever  a  vacancy  shall  occur  in  any  of  the  vacancy, 
State  offices,  the  Governor  shall  fill  the  same  by  appointment,  how  filled- 
by  and  with  the  advice  and  consent  of  the  Senate  if  in  session. 

ARTICLE  XIII. 

EDUCATION. 

(4.)     SECTION  1.     The   Superintendent   of  Public   Instruc-  Duties  of 
tion  shall  have  the  general  supervision  of  public  instruction,  SStrf^ubiic 
and  his  duties  shall  be  prescribed  by  law. 

(5.)     SEC.  2.     The  proceeds  from  the  sales  of  all  lands  that  school  fund. 
have  been  or  hereafter  may  be  granted  by  the  United  States 
to  the  State  for  educational  purposes,  and  the  proceeds  of  all 


GENERAL  SCHOOL,  LAWS. 


Escheats. 


Free  schools. 


Instruction 

conducted  in 

English 

language. 

District 

schools. 


lauds  or  other  property  given  by  individuals  or  appropriated 
by  the  State  for  like  purposes,  shall  be  and  remain  a  perpetual 
fund,  the  interest  and  income  of  which,  together  with  the 
rents  of  all  such  lands  as  may  remain  unsold,  shall  be  in- 
violably appropriated  and  annually  applied  to  the  specific 
objects  of  the  original  gift,  grant,  or  appropriation. 

(6.)  SEC.  3.  All  lands,  the  titles  to  which  shall  fail  from  a 
defect  of  heirs,  shall  escheat  to  the  State;  and  the  interest  on 
the  clear  proceeds  from  the  sales  thereof  shall  be  appropriated 
exclusively  to  the  support  of  primary  schools. 

(7.)  SEC.  4.  The  Legislature  shall,  within  five  years  from 
the  adoption  of  this  constitution,  provide  for  and  establish  a 
system  of  primary  schools,  whereby  a  school  shall  be  kept 
without  charge  for  tuition  at  least  three  months  in  each  year 
in  every  school  district  in  the  State,  and  all  instruction  in 
said  schools  shall  be  conducted  in  the  English  language. 

(8.)     SEC.  5.     A  school  shall  be  maintained  in  each  school 
district  at  least  three  months  in  each  year.    Any  school  dis- 
whende-        trict  neglecting  to  maintain  such  school  shall  be  deprived,  for 
public  money,  the  ensuing  year,  of  its  proportion  of  the  income  of  the  primary 
school  fund  and  of  all  funds  arising  from  taxes  for  the  sup- 
port of  schools. 

Election  of  (9.)  SEC.  6.  There  shall  be  elected  in  the  year  eighteen 
umversity.the  hundred  and  sixty-three,  at  the  time  of  the  election  of  a  Justice 
of  the  Supreme  Court,  eight  Regents  of  the  University,  two 
of  whom  shall  hold  their  office  for  two  years,  two  for  four 
years,  two  for  six  years,  and  two  for  eight  years.  They  shall 
enter  upon  the  duties  of  their  office  on  the  first  of  January 
next  succeeding  their  election.  At  every  regular  election  of 
a  Justice  of  the  Supreme  Court  thereafter  there  shall  be 
elected  two  Regents  whose  terms  of  office  shall  be  eight  years. 
When  a  vacancy  shall  occur  in  the  office  of  Regent,  it  shall 
be  filled  by  appointment  of  the  Governor.  The  Regents  thus 
elected  shall  constitute  the  Board  of  Regents  of  the  University 
of  Michigan. 

(10.)  SEC.  7.  The  Regents  of  the  University  and  their 
successors  in  office  shall  continue  to  constitute  the  body  cor- 
porate, known  by  the  name  and  title  of  "The  Regents  of  the 
University  of  Michigan." 

(11.)     SEC.  8.     The  Regents  of  the  University  shall,  at  their 
first  annual  meeting,  or  as  soon  thereafter  as  may  be,  elect  a 
president  of  the  University,  who  shall  be  ex  officio  a  member 
of  their  board,  with  the  privilege  of  speaking,  but  not  of  vot- 
ing.    He  shall  preside  at  the  meetings  of  the  Regents  ^nd 
university       be   the   principal   executive   officer   of   the   University.     The 
nd>   Board  of  Regents  shall  have  the  general  supervision  of  the 
University,  and  the  direction  and  control  of  all  expenditures 
from  the  University  interest  fund. 

state  board  of      (12.)     SEC.  9.     There  shall  be  elected  at  the  general  election 

education.        in  tbe  year  one  thousand  eight  hundred  and  fifty-two  three 

members  of  the  State  Board  of  Education :  one  for  two  years, 


Vacancy, 
how  filled. 


Regents  a 
body  corpo- 
rate. 


President 
of  the 
university. 


GENERAL  SCHOOL  L.\\VS. 


one  for  four  years,  and  one  for  six  years;  and  at  each  suc- 
ceeding biennial  election  there  shall  be  elected  one  menflber 
of  such  board,  who  shall  hold  his  office  for  six  years.  The  superintcnd- 
Superintendent  of  Public  Instruction  shall  be  ex  officio  a 
member  and  secretary  of  such  board.  The  board  shall  have 
the  general  supervision  of  the  State  Normal  School,  and  their 
duties  shall  be  prescribed  by  law. 

(1&.)     SEC.  10.     Institutions  for  the  benefit  of  those  inhabi-  Asylums. 
tants  who  are  deaf,  dumb,  blind  or  insane,  shall  always  be    • 
fostered  and  supported. 

(14.)  SEC.  11.  The  Legislature  shall  encourage  the  pro-  Agricultural 
motion  of  intellectual,  scientific  and  agricultural  improve- sc 
ment ;  and  shall,  as  soon  as  practicable,  provide  for  the  estab- 
lishment of  an  agricultural  school.  The  Legislature  may  appro- 
priate the  twenty-two  sections  of  salt  spring  lands  now  un- 
appropriated, or  the  money  arising  from  the  sale  of  the  same, 
where  such  lands  have  been  already  sold,  and  any  land  which 
may  hereafter  be  granted  or  appropriated  for  such  purpose, 
for  the  support  and  maintenance  of  such  school,  and  may 
make  the  same  a  branch  of  the  University,  for  instruction  in 
agriculture  and  the  natural  sciences  connected  therewith,  and 
place  the  same  under  the  supervision  of  the  Regents  of  the 
University. 

(15.)     SEC.  12.     The  Legislature  shall  also  provide  for  the  Libraries, 
establishment  of  at  least  one  library  in  each  township  and 
city,  and  all  fines  assessed  and  collected  in  the  several  coun-  Penal  fines  to 
ties  and  townships  for  any  breach  of  the  penal  laws  shall  be  be  applie 
exclusively  applied  to  the  support  of  such  libraries,  unless 
otherwise  ordered  by  the  township  board  of  any  township 
or  the  board  of  education  of  any  city :    Provided,  That  in  no  proviso. 
case  shall  such  fines  be  use$  for  other  than  library  or  school 
purposes. 

ARTICLE  XIV. 

FINANCE   AND   TAXATION. 

(16.)     SECTION  1.     All  specific  State  taxes,  except  those  re-  Specific 
ceived  from   the  mining  companies  of  the  upper  peninsula, taxes' 
shall   be  applied   in   paying  the   interest  upon   the  primary 
school,  university  and  other  educational  funds,  and  the  in- 
terest and   principal  of  the  State  debt,  in  the  order  herein 
recited,   until   the   extinguishment   of  the   State  debt,   other 
than  the  amounts  due  to  educational  funds,  when  such  spe- 
cific taxes  shall  be  added  to,  and  constitute  a  part  of  The  pri- 
mary school  interest  fund.    The  Legislature  shall  provide  for  Tax  for  state- 
an  annual  tax,  sufficient  with  other  resources,  to  pay  the  esti-  exPenses- 
mated  expenses  of  the  State  government,  the  interest  of  the 
State  debt,  and  such  deficiency  as  may  occur  in  the  resources. 


GENERAIASCHOOL  LAWS. 


STATUTORY  PROVISIONS. 


THE  PRIMARY  SCHOOL  SYSTEM. 

An  Act  to  revise  and  consolidate  the  laws  relating  to  public  instruc- 
tion and  primary  schools,  and  to  repeal  all  statutes  and  acts  con- 
travening the  provisions  of  this  act. 

[Act  164,  1881.] 

CHAPTER   I. 


To  have 
supervision  of 
educatipnal 
institutions. 

Duty  of. 


Have  super- 
rision  of 
normal  train- 
i  ng  classes. 


May  examine 
and  audit 
accounts,  etc. 

Require 
districts  to 
maintain 
school. 

When  may  re- 
quest removal 
of  certain 
officers. 


File  statement 
of  charges. 


THE   SUPERINTENDENT   OF    PUBLIC    INSTRUCTION. 

(17.)  §  4639.  SECTION  1.  The  Superintendent  of  Public 
Instruction  shall  have  general  supervision  of  public  instruc- 
tion and  of  all  State  institutions  other  than  the  University  that 
are  essentially  educational  in  their  character,  and  it  shall  be 
his  duty  among  other  things  to  visit  the  University,  the  Agri- 
cultural College,  the  Institution  for  the  Deaf  and  Dumb,  the 
School  for  the  Blind,  the  State  Industrial  School  for  Boys,  the 
State  Industrial  Home  fo?  Girls,  and  the  State  Public  School 
for  Dependent  and  Neglected  Children,  and  to  meet  with  the 
governing  boards  of  said  institutions  at  least  once  in  each 
year.  He  shall  have  supervision  of  all  county  normal  training 
classes  and  may  prescribe  general  rules  for  their  management. 
In  his  supervision  of  the  public  schools  it  shall  be  his  duty  to 
require  boards  of  education  to  observe  the  laws  relating  to 
schools  and  to  compel  such  observance  by  appropriate  legal 
proceedings  instituted  in  courts  of  competent  jurisdiction  by 
direction  of  the  Attorney  General.  He  may  examine  and  audit 
the  official  records  and  accounts  of  any  school  district  and  re- 
quire corrections  thereof  when  necessary.  It  shall  be  his  duty 
to  require  all  school  districts  to  maintain  school  for  at  least 
the  statutory  period  and  to  provide  educational  facilities  for 
all  children  resident  in  such  district.  The  Superintendent  of 
Public  Instruction  may  request  the  Governor  to  remove  from 
office  any  county  commissioner  of  schools  or  member  of  board 
of  school  examiners  when  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him  that  said  officer  does  not  possess 
the  qualifications  required  by  law  entitling  him  to  hold  the 
office,  or  when  he  is  incompetent  to  execute  properly  the 
duties  of  his  office,  or  has  been  guilty  of  official  mis- 
conduct, or  of  wilful  neglect  of  duty,  or  of  drunkenness.  In 
case  said  superintendent  shall  determine  that  the  charges  sub- 
mitted to  him  are  well  founded  he  shall  file  with  the  Governor 


GENERAL  SCHOOIr  LAWS. 


a  statement  that  he  believes  the  charges  to  be  true  and  that 

in  his  opinion  the  case  demands  investigation,  which  statement 

shall  take  the  place  of  the  statement  of  the  prosecuting  attor- 

ney of  the  county  in  which  said  officer  is  acting;  whereupon 

the  Governor  shall  proceed  to  investigate  the  case  as  the  stat- 

ute provides.    Said  superintendent  shall  also  prepare  annually,  File  annual 

and  transmit  to  the  Governor,  to  be  by  him  transmitted  to  the  report< 

legislature  at  each  biennial  session  thereof,  a  report  contain- 

ing: 

First,  A  statement  of  the  condition  of  the  University  and  Report,  what 
of  each  of  the  several  State  educational  institutions,  all  incor-  t( 
porated  institutions  of  learning,  and  the  primary,  graded  and 
high  schools; 

Second,  Estimates  and  amounts  of  expenditures  of  all  edu- 
cational funds; 

Third,  Plans  for  the  management  of  all  educational  funds, 
and  for  the  better  organization  of  the  educational  system,  if, 
in  his  opinion,  the  same  be  required; 

Fourth,  The  annual  reports  and  accompanying  documents, 
so  far  as  he  shall  deem  the  same  of  sufficient  public  interest,  of 
all  State  institutions  of  educational  character; 

Fifth,  Abstracts  of  the  annual  reports  of  the  school  inspec- 
tors of  the  several  townships  and  cities  of  the  State; 

Sixth,  All  such  other  matter  relating  to  his  office  and  the 
subject  of  education  generally  as  he  shall  deem  expedient  to 
communicate. 

Am.  1905,  Act  72. 

As  to  superintendent  of  public  instruction,  see  Chapter  116,  C.  L.  1897  ; 
Const,  xiii,  1. 

(18.)     §  4640.     SEC.  2.     He  may  appoint  a  deputy  superin-  Deputy  super- 
tendent  of  public  instruction  and  revoke  such  appointment  in  m 
his  discretion,  and  such  deputy  shall  take  the  constitutional 
oath  of  office,  which,  with  his  appointment,  shall  be  filed  with 
the  secretary  of  state.    Said  deputy  may  execute  the  duties  of  Duties  of. 
the  office  in  case  of  a  vacancy  or  the  absence  of  the  superin- 
tendent. 

(19.)     §  4641.     SEC.  3.     The  superintendent  of  public  in-  May  prepare 
struction  may  prepare  and  have  printed  general  rules  and  reg-  management 
illations  for  the  management  of  township  and  district  libra-  of  libraries. 
ries,  a  general  course  of  study  for  the  schools  of  the  "State,  and 
he  shall  transmit  all  these  documents  to  the  several  school  offi- 
cers entrusted  with  the  care  and  management  of  the  public 
schools. 

Am.  1905,  Act  72. 

(20.)     §  4642.     SEC.  4.     He  shall  semi-annually,  on  receiv-  Apportion- 
ing notice  from  the  auditor  general  of  the  amounts  thereof,  £1™™ 
and  between  the  first  and  tenth  days  of  May  and  November,  school  fund, 
apportion  the  primary  school  interest  fund  among  the  several 
townships  and  cities  of  the  State,  in  proportion  to  the  number 
of  children  in  each  between  the  ages  of  five  and  twenty  years, 
2 


10 


GENERAL  SCHOOL  LAWS. 


as  the  same  shall  appear  by  the  reports  of  the  several  boards 
of  school  inspectors  made  to  him  for  the  school  year  closing 
prior  to  the  May  apportionment  and  shall  prepare  a  statement 
of  the  amount  in  the  aggregate  payable  to  each  county,  ami 
shall  deliver  the  same  to  the  auditor  general,  who  shall  there 
upon  draw  his  warrant  upon  the  state  treasurer  in  favor  of  tin- 
treasurer  of  each  county  for  the  amount  payable  to  each 
county.  He  shall  also  send  written  notices  to  the 
clerks  of  the  several  counties  of  the  amount  in  the  aggregate 
to  be  disbursed  in  their  respective  counties,  and  the  amouni 
payable  to  the  townships  and  cities  therein  respectively. 

Moiles  v.  Watson,  60  /  417. 


Warrant  for, 
how  drawn. 


Notice  to 
county  clerks. 


Proceedings  (21.)  §  4643.  SEC.  5.  Whenever  the  returns  from  any 
dnefecst!vef  county,  township,  city,  or  district,  upon  which  a  statement  of 
returns.  the  amount  to  be  disbursed  or  paid  to  any  such  county,  town- 

ship, city,  or  district  shall  be  so  far  defective  as  to  render  il 
impracticable  to  ascertain  the  share  of  primary  school  interest 
fund  which  ought  to  be  disbursed  or  paid  to  such  county,  town 
ship,  city,  or  district,  he  shall  ascertain  by  the  best  evidence  in 
his  power  the  facts  upon  which  the  ratio  of  such  apportion 
rnent  shall  depend,  and  shall  make  the  apportionment  accord 
ingly. 

Whendefi-  (22.)      §  4644.     SEC.  6.     Whenever   any   county,   township, 

apportioned  be  «t,Y,  or  district,  through  failure  or  error  in  making  the  proper 
the  next  year,  report,  shall  fail  to  receive  its  share  of  the  primary  school  in- 
terest fund,  the  superintendent  of  public  instruction,  upon 
satisfactory  proof  that  said  county,  township,  city,  or  district' 
was  justly  entitled  to  the  same,  shall  apportion  such  deficiency 
in  his  next  apportionment ;  and  whenever  it  shall  appear  to  the 
satisfaction  of  said  superintendent  that  any  district  has  had 
three  months'  school,  but  failed  to  have  the  full  time  of  school 
required  by  law,  through  no  fault  or  negligence  of  the  distric! 
or  its  officers,  he  may  include  such  district  in  his  apportion 
ment  of  the  primary  school  interest  fund  in  his  discretion. 

Moiles  v.  Watson,  60  /  417. 


Other  duties 
of  superin- 
tendent. 


(23.)  §  4645.  SEC.  7.  The  Superintendent  of  Public  In 
struction  shall  perform  such  other  duties  as  are  or  shall  be  re- 
quired of  him  by  law,  and  at  the  expiration  of  his  term  of 
office  deliver  to  his  successor  all  property,  books,  documents, 
maps,  records,  reports,  and  all  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use  of 
his  office. 


CHAPTER  II. 


Inspectors  to 
form  districts. 


FORMATION,  ALTERATION,  MEETINGS,  AND  POWERS  OP  DISTRICTS. 

(24.)  §  4646.  SECTION  1.  The  township  board  of  school 
inspectors  shall  divide  the  township  into  such  number  of  school 
districts  as  mav  from  time  to  time  be  necessary,  which  dis- 


GENERAL  SCHOOL  LAWS.  H 


triets  they  shall  number,  and  they  may  regulate  and  alter  the  May  alter 
boundaries  of  the  same  as  circumstances  shall  render  proper  ;b( 
and  each  district  shall  be  composed  of  contiguous  territory, 
and  be  in  as  compact  a  form  as  may  be. 

Am.  1901,  Act.  37. 

On  the  subject  of  primary  schools,  see  chapter  116,  C.  L.  1897. 

PRIMARY  SCHOOL  SYSTEM  :  The  whole  primary  school  system  was  con- 
fided by  the  constitution  to  the  legislature  and  it  cannot  be  said  that  the 
officers  of  school  districts  chosen  pursuant  to  the  system  adopted  by  the  leg- 
islature, are  constitutional  officers. — Belles  v.  Burr,  76/11.  The  constitution 
of  1850  left  to  the  legislature,  as  did  the  preceding  constitution,  the  establish- 
ment of  a  system  of  primary  schools,  restricting  the  legislature  only  by  pro- 
viding that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least  three 
months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the  Eng- 
lish language.  All  other  matters  seem  to  be  within  the  discretion  of  the 
legislature. — Perrizo  v.  Kesler,  93  /  283  ;  People  v.  Hewlett,  94  /  168  ;  Pingree 
v.  Board  of  Education.  99  /  408.  Our  primary  school  system  is  the  pride  of 
the  state. — People  v.  Hewlett,  94  /  169. 

FORMATION  OF  DISTRICTS  :  The  township  board  of  school  inspectors  is 
authorized  to  divide  the  township  into  such  number  of  school  districts  as  they 
may  consider  necessary  from  time  to  time,  and  may  regulate  and  alter  the 
boundaries  of  the  same  as  circumstances  shall  render  proper,  subject  to  cer- 
tain restrictions. — Doxey  v.  Sch.  Inspectors,  67  /  603  ;  Brody  v.  Penn.  Twp. 
Board.  32/273:  Sch.  Dist.  v.  Sch.  Dist,  81  /  343  ;  Simpkins  v.  Ward,  45/561. 
See  Briggs  v.  Borden,  71  /  89-90.  They  may  dissolve  a  school  district  and 
annex  it  to  another. — People  v.  Davidson,  2  Doug.  121  :  Brewer  v.  Palmer, 
13  /  107.  When  two  districts  are  annexed  without  any  other  change  in  their 
boundaries,  the  mere  fact  that  one  number  is  preferred  to  another  does  not 
change  the  real  character  of  the  annexation. — Brewer  v.  Palmer,  13/109. 
When  one  district  is  annexed  to  another,  its  corporate  existence  ceases  and 
it  cannot  be  sued  for  debts ;  the  new  district  must  be  held  responsible  for 
them. — Id.  But  when  a  district  is  parceled  out  among  several  other  dis- 
tricts, the  latter  cannot  be  held  jointly  liable  for  the  debts  of  the  former ; 
whatever  they  are  bound  to  pay  is  a  several  and  not  a  Joint  obligation. — Hal- 
bert  v.  Sch.  Distsr,  36  /  421.  But  the  inspectors  cannot  change  a  district 
formed  by  special  act  of  the  legislature. — Sch.  Dist.  v.  Dean,  17  /  223.  The 
organization  of  a  new  township  severs  its  territory  from  the  school  district 
within  which  it  was  formerly  embraced. — People  v.  Ryan,  19  /  203.  See 
Section  4654. 

INTEREST  OF  INSPECTORS  :  Where  the  interest  of  the  inspectors  in  the 
formation  of  a  school  district  is  no  greater  than  that  of  other  taxpayers  and 
residents,  they  are  not  disqualified  from  acting. — Clement  v.  Everest,  29  /  19. 
The  interest  which  disqualifies. — Stockwell  v.  White  Lake  Twp.  Board,  22  /  341  ; 
Peninsular  Ry.  Co.  v.  Howard,  20  /  18. 

QUESTIONING  REGULARITY:  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the1  existence  of  it  cannot  be  questioned  collaterally, 
but  only  in  direct  proceedings. — Clement  v.  Everest,  29  /  19.  See  Sch.  Dist.  v. 
Inspectors,  27  /  3  ;  Stuart  v.  Sch.  Dist.,  30  /  69  ;  Lord  v.  Every,  38  /  405  ;  Bird 
v.  Perkins,  33  /  30  ;  Stockle  v.  Silsbee.  41  /  621  :  Keweenaw  Ass'n  v.  Sch.  Dist., 
98  /  437.  The  legality  of  the  organization  and  existence  of  the  district  can- 
not be  tested  by  certiorari. — Jaquith  v.  Hale,  31  /  430.  Certiorari  to  review 
the  proceedings  in  organizing  a  district  will  not  lie  after  the  district  is 
actually  organized  and  has  assumed  the  functions  of  a  corporation ;  its  cor- 
porate existence  must  then  be  tested  by  quo  warranto. — Sch.  Dist.  v.  Inspectors, 
27  /  3  ;  People  v.  Gartland,  75  /  143.  But  there  should  be  some  special  and 
extraordinary  reason  to  justify  interference  by  quo  warranto  with  the  organi- 
zation of  a  school  district,  as  the  statutes  provide  a  speedier  remedy  by  an 
appeal  from  the  district  board  to  the  township  board. — Lord  v.  Every,  38/405. 
And  the  supreme  court  will  not  meddle  with  the  concerns  of  school  districts, 
on  mandamus,  except  on  things  of  substance. — Sch.  Dist.  v.  Riverside  Twp., 
67  /  4Q6. 

Where  a  board  of  school  inspectors,  by  a  vote  of  two  for  and  one  against 
created  a  new  school  district,  which  action  is  sought  to  be  reviewed  on 
certiorari,  the  return  of  the  clerk  and  one  inspector  that  due  notice  was 
given,  and  that  proof  of  posting  the  notices  was  on  file  with  the  clerk  when 
the  action  was  taken,  must  be  taken  as  the  return  of  the  board,  though  con- 
tradicted by  a  separate  return  of  the  third  member. — Smelzer  v.  Board  of 
School  Inspectors  of  Big  Prairie  Township.  125/666. 

The  facts  in  regard  to  the  notices  and  proof  of  posting  are  sufficiently 
established  if  set  out  in  the  return  of  the  board,  though  not  appearing  In  the 
clerk  s  minutes  of  the  proceedings. — Id. 

The  action  of  school  inspectors  in  detaching  territory  from  two  school 
districts  and  forming  a  new  district  by  one  and  the  same  motion,  after 
parties  interested  have  had  ample  opportunity  to  be  heard  on  both  questions, 

(25.)  §  4647.  SBC.  2.  Whenever  the  board  of  school  in- 
spectors  of  any  township  shall  form  a  school  district  therein, 
it  shall  be  the  duty  of  the  clerk  of  such  board  to  deliver  to  a  to 


12 


GENERAL  SCHOOL  LAWS. 


taxable  inhabitant  of  such  district  a  notice  in  writing  of  the 
formation  of  such  district,  describing  its  boundaries,  and  speci- 
fying the  time  and  place  of  the  first  meeting,  which  notice 
with  the  fact  of  such  delivery,  shall  be  entered  upon  record  by 
inhabitant  to  the  clerk.  The  said  notice  shall  also  direct  such  inhabitant  to 
nrstemee\\png°f  notify  every  qualified  voter  of  such  district,  either  personally 
or  by  leaving  a  written  notice  at  his  place  of  residence,  of  the 
time  and  place  of  said  meeting,  at  least  five  days  before  the 
time  appointed  therefor;  and  it  shall  be  the  duty  of  such 
inhabitant  to  notify  the  qualified  voters  of  said  district  accord- 
ingly, and  said  inhabitant,  when  he  shall  have  notified  the 
qualified  voters  as  required  in  such  notice,  shall  endorse 
thereon  a  return,  showing  such  notification  with  the  date  or 
dates  thereof,  and  deliver  such  notice  and  return  to  the  chair- 
man of  the  meeting,  to  be  by  him  delivered  to  the  director 
chosen  at  such  meeting,  and  by  said  director  recorded  at 
length  as  a  part  of  the  records  of  such  district. 

NOTICE :  The  board  of  school  inspectors  may,  under  one  notice,  at  one 
meeting,  by  separate  action,  detach  lands  from  separate  school  districts  and 
attach  them  to  one  district. — Doxey  v.  School  Inspectors,  67  /  601.  Irregu- 
larity in  notice. — Parman  v.  Inspectors,  49  /  63.  See  Roeser  v.  Gartland, 
75  /  144. 

RECORDS:      Importance   of.— Sch.    Dist.   v.    Snell,    24/352. 


Return  of 
notice. 


return  to  be 
recorded. 


Proceedings 
in  case  of 
failure  to 
organize 
district. 


Formation  of 

fractional 

districts. 


(26.)  §  4648.  SEC.  3.  In  case  the  inhabitants  of  any  dis- 
trict shall  fail  to  organize  the  same  in  pursuance  of  such 
notice  as  aforesaid,  the  said  clerk  shall  give  a  new  notice  in 
the  manner  hereinbefore  provided,  and  the  same  proceedings 
shall  be  had  thereon  as  if  no  previous  notice  had  been  de- 
livered. 

(27.)  §  4649.  SEC.  4.  Whenever  it  shall  be  necessary  or 
convenient  to  form  a  district  from  two  or  more  adjoining  town- 
ships, the  inspectors,  or  a  majority  of  them,  of  each  of  such 
adjoining  townships,  may  form  such  district,  to  be  designated 
as  a  fractional  district,  and  direct  which  township  clerk  shall 
make  and  deliver  the  notice  of  the  formation  of  the  same  to  a 
taxable  inhabitant  thereof,  and  may  regulate  and  alter  such 
district  as  circumstances  may  render  necessary  in  the  same 
manner  that  other  districts  are  altered.  The  annual  reports 
of  the  director  of  such  district  shall  be  made  to  the  inspectors 
of  the  township  in  which  the  schoolhouse  may  Ve  situated, 
and  the  inspectors  of  such  township  shall  number  said  district. 

Saginaw  Twp.  v.  Sch.  Dist.,  9  /  544  ;  Brewer  v.  Palmer,  13  /  109. 

when  district        (28.)      §  4650.     SEC.  5.     Every  such  school  district  shall  be 
deemed  duly  organized  when  any  two  of  the  officers  elected  at 
the  first  meeting  shall  have  filed  their  acceptances  in  writing 
with  the  director,  and  the  same  shall  have  been  recorded  in 
presumption     the  minutes  of  such  first  meeting.  Every  school  district  shall, 
°ltiln.or|     "  in  all  cases,  be  presumed  to  have  been  legally  organized  when 
it  shall  have  exercised  the  franchises  and  privileges  of  a  dis- 
trict for  the  term  of  two  years;  and  such  school  district  and 
its  officers  shall  be  entitled  to  all  the  rights,  privileges,  and 


To  whom 
director  of 
such  district 
shall  report. 


GENERAL  SCHOOL  LAWS.  13 


immunities,  and  be  subject  to  all  tfce  duties  and  liabilities  con- 
ferred upon  school  districts  by  law. 

PRESUMPTION  OF  LEGAL  ORGANIZATION:  When  a  district  has  ex- 
ercised the  franchises  and  privileges  of  a  school  district  for  over  two  years, 
it  is  too  late  to  question  the-  legality  of  its  organization. — Sch.  Dist.  v.  Sch. 
Dist,  63  /  56  ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343.  The  same  rule  which 
recognizes  the  right  of  officers  de  facto  recognizes  corporations  de  facto. — 
Clement  v.  Everest,  29  /  2«'!.  In  public  affairs,  when  the  people  have  organized 
themselves  under  color  of  law  into  the  ordinary  municipal  bodies,  and  have 
gone  on  year  after  year  raising  taxes,  making  improvements  and  exercising 
their  usual  franchises,  their  rights  are  properly  regarded  as  depending  quite 
as  much  on  the  acquiescence  as  on  the  regularity  of  their  origin,  and  no  ex 
post  facto  inquiry  can  be  permitted  to  undo  their  corporate  existence. — People 
v.  Maynard,  15  /  470.  As  to  questioning  the  regularity  of  organization,  etc., 
see  note  to  Section  24. 

(29.)     §  4651.     SEC.  6.     The   record    of  the   first    meeting  Directors' 
made  by  the  directors  shall  be  prima  facie  evidence  of  the  facts  meetingftort>e 
therein  set  forth,  and  of  the  legality  of  all  proceedings  in  the  evidence. 
organization  of  the  district  prior  to  the  first  district  meeting; 
but  nothing  in  this  section  contained  shall  be  so  construed  as 
to  impair  the  effect  of  the  record  kept  by  the  school  inspectors, 
as  evidence. 

CORPORATE   POWERS   OF  DISTRICTS. 

(30.)     §  4652.     SEC.  7.     Every  school  district  organized  in  School  district 
pursuance  of  this  chapter,  or  which  has  been  organized  and 
continued  under  any  previous  law  of  the  state  or  territory  of 
Michigan,  shall  be  a  body  corporate,  and  shall  possess  the 
usual  powers  of  a  corporation  for  public  purposes,  by  the  Name  and 

name  and  style  of  "school  district  number (such  num- style- 

ber  as  shall  be  designated  in  the  formation  thereof  by  the  in- 
spectors), of  -  "  (the  name  of  the  township  or  townships  in 
which  the  district  is  situated),  and  in  that  name  shall  be  powers  of. 
capable  of  suing  and  being  sued,  of  contracting  and  being  con- 
tracted with,  and  of  holding  such  real  and  personal  estate  as  is 
authorized  to  be  purchased  by  the  provisions  of  law,  and  of 
selling  the  same. 

CORPORATE  POWERS  :  The  school  district,  under  our  statutes,  is  a  cor- 
poration, and,  as  such  corporation,  is  represented  by  three  officers  ;  a  moder- 
ator, director  and  assessor.  The  affairs  of  the  district  are  managed  and  con- 
trolled by  them,  under  certain  restrictions. — Sch.  Dist.  v.  Sch.  Dist.,  63  /  57. 
A  school  district  can  take  and  hold  bequests  of  money  for  the  maintenance 
of  a  public  library  for  the  use  and  benefit  of  the  residents  of  the  districts. — 
Maynard  v.  Woodward,  36  /  423.  School  districts,  like  townships  and  coun- 
ties, are  subdivisions  of  the  state.  This  section  gives  them  the  capacity  to 
sue  and  be  sued. — Van  Wert  v.  Sch.  Dist.,  100  /  333.  School  districts  are 
municipal  corporations. — Seeley  v.  Board  of  Ed.,  39  /  486  ;  Sch.  Dist.  v.  Gage, 
39/484;  Belles  v.  Burr,  76/1.  And  cannot  be  garnisheed  even  by  its  own 
consent,  unless  the  debtor -also  consents. — Id.  They  preceded  the  constitution 
(Stuart  v.  £ch.  Dist.,  30/69),  and  were  recognized  by  that  instrument. — 
Belles  v.  Burr,  76/11. 

ALTERATION  OF  DISTRICTS. 

(31.)     §  4653:    SEC.  8.     Whenever  the  board  of  school  in-  Alterations  of 
spectors  shall  contemplate  an  alteration  of  the  boundaries  of  dSSby °f 
a  district,  the  township  clerk  (and  for  meetings  of  boards  to  inspectors: 
act  in  relation  to  fractional  districts,  clerks  of  the  several 
townships  interested)  shall  give  at  least  ten  days'  notice  of 


14  .  GENERAL  SCHOOL  LAWS. 

the  time  and  place  of  the  meeting  of  the  inspectors,  and  the  al- 
teration proposed,  by  posting  such  notice  in  three  public  places  * 
in  the  township  or  townships,  one  of  which  notices  shall  be  in 
each  of  the  districts  that  may  be  affected  by  such  alteration. 
Whenever  the  boards  of  school  inspectors  of  more  than  one 
township  meet,  they  shall  elect  one  of  their  number  chairman, 
and  another  clerk  thereof. 

NOTICE  :  The  notice  required  is  jurisdictional  and  indispensable. — Coulter 
v.  Inspectors,  59  /  391 ;  Sen.  Dist.  v.  Inspectors,  63  /  611 ;  Gentle  v.  Inspectors, 
73  /  40  ;  Graves  v.  Inspectors,  102  /  635  ;  Passage  v.  Inspectors,  19  /  330  ; 
Andress  v.  Inspectors,  19  /  332.  Proof  of  the  posting  of  such  notice  should 
be  tiled  with  the  clerk  of  the  board,  before  any  action  is  taken. — Coulter  v. 
Inspectors,  59  /  391  ;  Sen.  Dist.  v.  Inspectors,  63  /  611 ;  Graves  v.  Inspectors, 
102  /  635.  Where  notice  is  not  given  the  filing  of  the  consent  of  a  majority 
of  the  resident  taxpayers  of  the  districts  affected  will  not  validate  the  action. 
— Gentle  v.  Inspectors,  73  /  40.  Notices  must  be  posted  in  each  township 
affected  by  the  alteration. — Sch.  Dist.  v.  Metcalf,  93/499.  The  object  of  the 
notice  is  to  enable  parties  interested  to  be  heard  before  any  action  is  taken. — 
Gentle  v.  Inspectors,  73  /  45  ;  Sch.  Dist.  v.  Metcalf,  93  /  499.  As  to  the  pro- 
vision in  the  former  law,  see  Sch.  Dist.  v.  Sch.  Dist.,  63  /  51. 

FRACTIONAL  DISTRICTS:  The  action  of  the  joint  boards  is  required  in 
case  of  fractional  districts. — Sch.  Dist.  v.  Sch.  Dist.,  81  /  343. 

NOTICE  :  Notice  of  posting  notices  in  three  public  places  is  jurisdictional. 
Affidavit  must  show  that  the  notices  were  so  posted.  Certiorari  will  lie  to  test 
validity  of  proceedings  where  petitioner  moves  promptly. — Huyser  v.  Board  of 
School  Inspectors,  131  /  568. 

Powers  of  (32.)     §  4654.     SEC.  9.     The  inspectors  may,  in  their  dis- 

aitcrdlsScts.   cretion,  detach  the  property  of  any  person  or  persons  from  one 
district  and  attach  it  to  another;  except  that  no  land  which 
has  been  taxed  for  building  a  schoolhouse  shall  be  set  off 
into  another  school  district  for  the  period  of  three  years  there- 
when  consent  after,  except  by  the  consent  of  the  owner  thereof ;  and  no  dis- 
°o  bexopbata?ned. trict  sha11  be  dmctecl  into  two  or  more  districts  without  the 
consent  of  a  majority  of  the  resident  taxpayers  of  said  dis- 
trict, and  no  two  or  more  districts  be  consolidated  without 
the  consent  of  a  majority  of  the  resident  taxpayers  of  each 
district. 

People  v.  Davidson,  2  Doug.  121 ;  Brewer  v.  Palmer,  13  / 104.  See  Sch. 
Dist.  v.  Dean,  17  /  223.  Gentle  v.  Sch.  Inspectors,  73  /  45. 

DISSOLVING  DISTRICT:  The  school  insoectors  have  oower  to  alter 
boundaries  of  districts,  and  attach  or  detach  persons,  to  or  from  any  district ; 
but  no  power  is  anywhere  granted  to  them  to  disband,  dissolve  or  destroy 
a  district,  save  as  restricted  under  this  section. — Briggs  v.  Borden,  71  /  90. 
As  intimated  in  Doxey  v.  Inspectors,  67  /  604,  the  school  inspectors  have  no 
authority  to  divide  up  a  district  and  destroy  it  without  the  consent  of  a 
majority  of.  the  resident  taxpayers ;  nor  can  they  destroy  it  by  cutting  it  up 
into  pieces  and  attaching  all  the  territory  to  other  districts  without  such 
consent. — Id.  The  terms  "dissolve"  and  "disband"  are  of  similar  import 
and  a  vote  taken  to  "disband"  is  supported  by  notice  of  a  meeting  to  vote 
upon  a  proposition  to  "dissolve." — Id. 

CONSENT  OF  OWNER:  Lands  taxed  within  three  years  for  building  a 
schoolhouse,  not  to  be  set  off  into  another  district  without  the  consent  of  the 
owner. — Coulter  v.  Inspectors,  59  /  391. 

CONSOLIDATION:  The  right  of  inspectors  to  consolidate  districts  de- 
pends upon  consent  of  majority  of  resident  taxpayers.  Where  a  school  dis- 
trict de  facto  formed  by  consolidation  of  other  districts  has  been  in  existence 
two  years  or  more  the  court  will  not  set  aside  action  of  inspectors. — Howell 
v.  Shannon,  130/556. 

POWER  OF  LEGISLATURE:  The  legislature  may  change  the  boundaries 
of  district.— Att'y  Gen'l.  ex  rel.  Kies  v.  Lowrey,  131  /  639. 

Persons  out  of      (33.)     §  4655.     SEC.  10.     The  inspectors  may  attach  to  a 
b^aftacSSf     school  district  any  person  residing  in  a  township,  and  not  in 
certain  cases    an^  organized  district,  at  his  request;  and  for  all  district  pur- 
poses except  raising  a  tax  for  building  a  schoolhouse,  such 
person  shall  be   considered  as  residing  in  such  district;  but 


GENERAL  SCHOOL  LAWS. 


when  set  off  to  a  hew  district,  no  sum  shall  be  raised  for  such 
person  as  his  proportion  to  the  district  property. 

(34.)     §  4656.     SEC.  11.     In  all  cases  where  an  alteration  Township 
of  the  boundaries  of  a  school  district  shall  be  made,  the  town-  nSSceoT v 
ship  clerk  shall,  within  ten  days,  deliver  to  the  director  of 
each  district  affected  by  the  alteration  a  notice  in  writing,  set- 
ting forth  the  action  of  the  inspectors  and  defining  the  alter- 
ations that  have  been  made. 

DIVISION  OF  PROPERTY. 

(35.)      §  4657.     SEC.  12.     When  a  new  district  is  formed,  when  district 
in    whole    or    in    part,    from    one    or    more    districts    pos-  propSty'to  be 
sessed  of  a  school-house,  or  entitled  to  other  property,  the  in-  apportioned. 
spectors,  at  the  time  of  forming  such  new  district,  or  as  soon 
thereafter  as  may  be,  shall  ascertain  and  determine  the  amount 
justly  due  to  such  new  district  from  any  district  out  of  which 
it  may  have  been  in  whole  or  in  part  formed,  as  the  proportion 
of  such  new  district,  of  the  value  of  the  schoolhouse  and  other 
property  belonging  to  the  former  district,  at  the  time  of  such 
division;  and  whenever  by  the  division  of  any  district,  the  when  school-, 
schoolhouse  or  site  thereof  shall  no  longer  be  conveniently  „§" Deeded!6 1S 
located  for  school  purposes,  and  shall  not  be  desired  for  use  may  be  sold, 
by  the  new  district  in  which  it  may  be  situated,  the  school  in- 
spectors of  the  township  in  which  such  schoolhouse  and  site 
shall  be  located,  may  advertise  and  sell  the  same,  and  appor-  proceeds  of 
tion  the  proceeds  of  such  sale,  and  also  any  moneys  belonging 
to  the  district  thus  divided,  among  the  several  districts  erected 
in  whole  or  in  part  from  the  divided  district. 

Saginaw  Twp.  v.  Sch.  Dist.,  9  /  541 ;  People  v.  Ryan,  19  /  203  ;  Ramsey  v. 
Everett  Twp.  Clork,  5'J  /  344  ;  Sch.  Dist.  v.  Riverside  Twp.,  67  /  404. 

NEW  DISTRICT :  The  township  board  has  jurisdiction  of  appeals  from 
decisions  of  the  board  of  school  inspectors  fixing  the  amount  to  be  paid  by  an 
old  school  district  to  a  new  one,  where  the  latter  comprises  part  of  the  same 
territory  and  the  former  retains  the  school  properly. — Pine  Sch.  Dist.  v.  Wil- 
cox,  48  /  404.  See  Section  4743  as  to  appeals.  Bui  to  prevent  the  consumma- 
tion of  a  void  apportionment. — Sch.  Dist.  v.  Sch.  Dist.,  63/58.  Bill  to  re- 
strain the  sale  of  the  school-house. — Briggs  v.  Borden,  71  /  87.  Upon  the 
formation  of  a  new  district  by  the  union  of  two  or  more,  the  new  district 
succeeds  to  the  credits  and  property  and  is  liable  for  the  debts  of  the  old 
ones. — Brewer  v.  Palmer,  13  /  104  ;  Halbert  v.  Districts,  36  /  421. 

(36.)     §  4658.     SEC.  13.     Such  proportion  shall  be  ascer- HOW  propor- 
tained  and  determined  according  to  the  value  of  the  taxable  ascertained. 
property  of  the  respective  parts  of  such  former  district  at  the 
time  of  the  division,  by  the  best  evidence  in  the  power  of  the  in- 
spectors; and  such  amount  of  any  debt  due  from  the  former 
district,  which  would  have  been  a  charge  upon  the  new,  had  it 
remained  in  the  former  district,  shall  be  deducted  from  such 
proportion :  Provided,  That  no  real  estate  thus  set  off,  and  Proviso, 
which  shall  not  have  been  taxed  for  the  purchase  or  building 
of  such  schoolhouse,  shall  be  entitled  to  any  portion  thereof, 
nor  be  taken  into  account  in  such  division  of  district  property. 

S"  DEBTS   OF    OLD    DISTRICTS:      Where  the   territory  of   a  school   district   is 
absorbed    by  other  districts,   the  statute  contemplates    that  the  township  board 


16  GENERAL  SCHOOL  LAWS. 


of  school  inspectors  shall  make  an  equitable  adjustment  of  property  and  debts, 
so  as  to  proportion  them  fairly  among  the  districts  which  have  succeeded  to 
the  jurisdiction  of  that  which  has  been  divided. — Halbert  v.  Sch.  Districts, 
36  /  421.  Where  a  school  district  has  been  subdivided  and  other  districts 
set  off,  the  debts  of  the  original  district  cannot  be  parceled  out  among  all  by 
a  proceeding  in  the  courts,  so  as  to  give  creditors  a  remedy  against  any 
but  the  original  debtors. — Turnbull  v.  Alpena  Sch.  Dlst.,  45  /  496  ;  Maltz  v. 
Board  of  Education,  41  /  547.  A  debt  once  existing  must  remain  a  debt 
against  the  corporation  that  created  it,  and  its  obligation  is  not  destroyed 
by  a  change  in  corporation  limits.  If  contribution  is  required,  it  must  be 
obtained  by  the  corporation  and  not  by  its  creditors,  unless  otherwise  pro- 
vided by  law. — Turnbull  v.  Alpena  Sch.  Dist.,  45/499. 

DISTRICT    MEETINGS. 

meetingssd1001      (37>)     §  4659<     SEC<  14<     The  annual  meeting  of  all  school 

when  held.  districts,  except  where  otherwise  provided  by  special  enact- 
ment, shall  be  held  on  the  second  Monday  of  July  in  each  year. 

school  year      The  school  year  shall  commence  on  that  day,  and  the  trustees 

n'and  officers  of  the  district  shall  date  their  terms  of  office 

from   said   day,  and  until   their  successors  are  elected   and 

Proviso.  qualified :  Provided,  That  any  district  may  vote  to  hold  its 
annual  meeting  on  the  fourth  Monday  in  July. 

Am.  1905,  Act  36. 

Farrell  v.   Sch.   Dist.,  98  /  45  ;  Johnston  v.   Mitchell,  120  /  589. 

nSetlngs  ^8>)     §  4660.     SEC.  15.     Special  meetings  may  be  called 

by  the  district  board ;  and  it  shall  be  the  duty  of  said  board,  or 

any  one  of  them,  to  call  such  meetings  on  the  written  request 

of  not  less  than  five  legal  voters  of  the  district,  by  giving  the 

when  may  not  notice  required  in  the  next  succeeding  section ;  but  no  special 

be  called.         meeting  shall  be  called  unless  the  business  to  be  transacted 

Business  of,  to  may  lawfully  come  before  such  meeting,  and  no  business  shall 

notfce.ted  m     be  transacted  at  a  special  meeting  unless  the  same  be  stated 

in  the  notice  of  said  meeting. 

NOTICE :  Liberal  rules  of  interpretation  must  be  applied  to  these  notices, 
and  if  they  be  such  as,  under  a  fair  construction,  to  give  notice  to  the  electors 
of  the  purpose  for  which  the  meetings  are  called,  they  must  be  held  sufficient. 
— Peters  v.  Warren  Twp.,  98  /  55. 

SPECIAL  MEETING :  .In  order  to  constitute  a  legal  school  meeting,  the 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice  of 
the  meeting  given. — Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402  ;  John- 
ton  v.  Mitchell,  120/589. 

Use  by  a  school  board,  in  calling  a  special  meeting,  of  a  blank  form  of 
notice  prepared  by  a  lawyer  at  the  request  of  one  who  was  not  a  member 
of  the  board,  is  insufficient  to  show  a  ratification  on  its  part  of  a  promise  by 
such  third  person  that  the  board  would  pay  a  specified  sum  for  the  legal 
services  rendered. — Leonardson  v.  School  District  No.  3  of  Troy  Township, 
125  /  209. 

Notices  of  (39.)     §  4661.     SEC.  16.     All  notices  of  annual  or  special 

district  meetings,  after  the  first  meeting  has  been  held  as 
aforesaid,  shall  specify  the  day  and  hour  and  place  of  meeting, 
and  shall  be  given  at  least  six  days  previous  to  such  meeting, 
by  posting  up  copies  thereof  in  three  of  the  most  public  places 
in  the  district,  one  copy  of  which  for  each  meeting  shall  be 
posted  at  the  outer  door  of  the  district  schoolhouse,  if  there 
be  one;  and  in  case  of  any  special  meeting  called  for  the  pur- 
pose of  establishing  or  changing  the  site  of  a  schoolhouse, 
such  notice  shall  be  given  at  least  ten  days  previous  thereto : 
Duty  of  dis-  Provided,  That  when  any  of  the  district  board  shall  receive 
tS$v?fficer  a  request  to  call  a  special  meeting,  as  provided  in  the  pre- 


GENERAL  SCHOOL  LAWS,  17 


reding  section,  lie  shaU  forthwith  give  notice,  as  above  pro- 
vided, of  said  meeting,  which  shall  be  called  in  not  less  than 
six  nor  more  than  twelve  days  from  the  time  the  said  officer 
shall  receive  the  notice  aforesaid.    No  annual  meeting  shall  be  when  annual 
deemed  illegal  for  want  of  due  notice,  unless  it  shall  appear  m^Slor01 
that  the  omission  to  give  such  notice  was  wilful  and  fraud-  want  of 
ulent. 

Schafer  v.  Sch.  Dist.  No.  1  of  Baraga,  116/206;  Johnston  v.  Mitchell, 
120  /  589. 

(40.)    §  4662.    SEC.  IT.    Every  citizen  of  the  age  of  twenty-  Whomigfied 
one  years,  and  who  has  property  assessed  for  school  taxes  in  schooien?eet- 
any  school  district,  and  who  has  resided  therein  three  months  mgs> 
next  preceding  any  school  meeting  held  in  said  district,  or  who 
has  resided  three  months  next  preceding  such  meeting  on  any 
territory  belonging  to  such  district  at  the  time  of  holding  said 
meeting,  shall  be  a  qualified  voter  in  said  meeting  upon  all 
questions,  and  all  other  citizens  who  are  twenty-one  years  of 
age,  and  are  the  parents  or  legal  guardians  of  any  children 
included  in  the  school  census  of  the  district,  and  who  have  for 
three  months  as  aforesaid,  been  residents  of  said  district  or 
upon  any  territory  belonging  thereto  at  the  time  of  holding 
any  school  meeting,  shall  be  entitled  to  vote  on  all  questions 
arising  in  said  district,  which  do  not  directly  involve  the  rais- 
ing of  money  by  tax. 

QUALIFIED  VOTER  :  See  Act  138  of  1893,  conferring  upon  women  the 
right  to  vote  for  all  "school,  village  and  city  officers,"  and  declared  unconsti- 
tutional in  Coffin  v.  Election  Com'rs,  97  /  189.  The  constitution  of  1835,  as 
well  as  that  of  1850,  in  terms  authorized  the  legislature  to  construct  a  pri- 
mary school  system  and  for  years  antedating  the  present  constitution  the 
legislature  construed  a  similar  provision  as  conferring  the  power  to  determine 
the  qualifications  of  voters  for  district  school  officers. — Coffin  v.  Election 
Com'rs,  97  /  193  ;  Belles  v.  Burr,  76  /  1.  The  election  of  members  of  a  board 
of  education  at  the  annual  charter  election  does  not  make  such  an  election 
of  "school  district  meeting"  and  give  women  the  right  to  vote  thereat,  under 
the  provisions  of  this  section. — Mudge  v.  Stebbins,  59  /  165. 

(41.)     §  4663.     SEC.  18.     If  any  person  offering  to  vote  at  challenging 
a  school  district  meeting  shall  be  challenged  as  unqualified  by  voters- 
any  legal  voter  in  such  district,  the  chairman  presiding  at 
such  meeting  shall  declare  to  the  person  challenged  the  quali- 
fications of  a  voter;  and  if  such  person  shall  state  that  he  is 
qualified,  and  the  challenge  shall  not  be  withdrawn,  the  chair-  oaths  to  be 
man  shall  tender  to  him  an  oath,  in  substance  as  follows :  "You  chaufnged 
do  swear   (or  affirm)    that  you  are  a  citizen  of  the  United  voters- 
States,  that  you  have  been  for  the  last  three  months  an  actual 
resident  of  this  school  district,  or  residing  upon  territory  now 
attached  to  this  school  district,  and  that  you  pay  a  school  dis-  v 
trict  tax  therein;"  and  every  person  taking  this  oath  shall  be 
permitted  to  vote  upon  all  questions  proposed  at  such  meet- 
ings.    Or  he  may  take  the  following  oath,  to  wit:  "You  do 
swear  (or  affirm)  that  you  are  a  citizen  of  the  United  States, 
that  you  have  been  for  the  last  three  months  an  actual  resident 
of  this  school  district,  or  residing  upon  property  now  attached 
to  this  school  district,  and  that  you  are  the  parent  or  legal 
3 


GENERAL  SCHOOL  LAttS. 


False  oath 

ileemed 

l»erjury. 


guardian  of  one  or  more  children  now  included  in  the  school 
census  of  the  district;"  and  he  may  vote  upon  all  questions 
which  do  not  directly  involve  the  raising  of  money  by  tax.  If 
any  person  so  challenged  shall  refuse  to  take  such  oath,  his 
vote  shall  be  rejected;  and  any  person  who  shall  wilfully  take 
a  false  oath,  or  make  a  false  affirmation,  under  the  provisions 
of  this  section,  shall  be  deemed  guilty  of  perjury.  When  any 
question  is  taken  in  any  other  way  than  by  ballot,  a  challenge 
immediately  after  the  vote  has  been  taken  shall  be  deemed  to 
be  made  when  offering  the  vote,  and  treated  in  the  same 
manner. 

Belles  v.  Burr,  76  /  6. 


Disorderly 
persons  at 
district  meet- 
ings to  be 
taken  into 
custody. 


Penalty  for 

disturbing 

meeting. 


Who  shall 
have  jurisdic- 
tion in  trial. 


Powers  of 
voters. 


May  appoint 
chairman. 


May  adjourn. 


F.lect  district 

officers. 

Designate 
sites. 


Direct  pur- 
chasing of 

sites. 


(42.)  §  4664.  SEC.  19.  If  at  any  district  meeting  any 
person  shall  conduct  himself  in  a  disorderly  manner,  and,  after 
notice  from  the  moderator  or  person  presiding,  shall  persist 
therein,  the  moderator  or  person  presiding  may  order  him  to 
withdraw  from  the  meeting,  and  on  his  refusal,  may  order  any 
constable,  or  other  person  or  persons,  to  take  him  into  custody 
until  the  meeting  shall  be  adjourned;  and  any  person  who 
shall  refuse  to  withdraw  from  such  meeting  on  being  so  or- 
dered as  herein  provided,  and  also  any  person  who  shall  wil- 
fully disturb  such  meeting  by  rude  and  indecent  behavior,  or 
by  profane  or  indecent  discourse,  or  in  any  other  way  make 
such  disturbance,  shall,  on  conviction  thereof,  be  punished  by 
a  fine  not  less  than  two  nor  more  than  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  thirty  days;  and 
any  justice  of  the  peace,  recorder,  or  police  justice  of  the  town- 
ship, ward,  or  city  where  such  offense  shall  be  committed,  shall 
have  jurisdiction  to  try  and  determine  the  same. 

(43.)  §  4665.  SEC.  20.  The  qualified  voters  in  any 
school  district  when  lawfully  assembled  at  the  first  and  at  each 
annual  meeting,  or  at  an  adjournment  thereof,  or  at  any  special 
meeting  lawfully  called  except  as  hereinafter  provided,  shall 
have  power : 

First,  At  the  first  meeting  and  at  any  meeting  after  the 
organization  of  the  district,  in  the  absence  of  the  moderator, 
to  appoint  a  chairman  for  the  time  being,  and  in  the  absence 
of  the  director  to  appoint  some  person  to  act  in  his  stead,  who 
shall  keep  a  minute  of  the  proceedings  of  such  meeting  and 
certify  the  same  to  the  director,  to  be  by  him  entered  in  the 
records  of  the  district; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  re- 
quire ; 

Third,  To  elect  district  officers  as  herein  provided,  and  to 
determine  at  what  hour  the  annual  meeting  shall  be  held; 

Fourth,  To  designate,  as  hereinafter  provided,  a  site  or  such 
number  of  sites  as  may  be  desired  for  schoolhouses,  and  to 
change  the  same  when  necessary; 

Fifth,  To  dirpot  the  purchasing  or  leasing  of  a  site  or  sites, 
lawfully  determined  upon ;  the  building,  hiring  or  purchasing 


GENERAL  SCHOOL  LAWS. 


of  a  sdioolhouse  or  houses,  or  the  enlarging  of  a  site  or  sites 
previously  established ; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient,  May  vote  t» 
to  purchase  or  lease  a  site  or  sites,  or  to  Tbuild,  hire  or  pur- llrmt  °L 
chase  a  schoolhouse  or  houses;  but  the  amount  of  taxes  to  be 
raised  in  any  district  for  the  purpose  of  purchasing  or  build- 
ing a  schoolhouse  or  houses  in  the  same  year  that  any  bonded 
indebtedness  is  incurred,  shall  not  exceed  in  districts  con- 
taining less  than  ten  children  between  the  ages  of  five  and 
twenty  years,  two  hundred  and  fifty  dollars;  in  districts  hav- 
ing between  ten  and  thirty  children  of  like  age,  it  shall  not 
exceed  five  hundred  dollars;  and  in  districts  having  between 
thirty  and  fifty  children  of  like  age,  it  shall  not  exceed  one 
thousand  dollars; 

Seventh,  To  vote  such  tax  as  shall  be  necessary  for  the  fol-  purposes  for 
lowing  purposes :  To  keep  their  schoolhouse  or  houses  in 
repair,  to  provide  the  necessary  appendages  and  school  appa-  tax. 
ratus,  to  establish  and  support  a  district  library,  to  pay  and 
discharge  any  debt  or  liabilities  of  the  district  lawfully  in- 
curred, to  pay  for  the  service  of  any  district  officers  and  to 
pay  for  the  transportation  of  pupils  to  and  from  school.  The 
tax  herein  authorized  to  be  voted  shall  not  exceed  one-half  of 
the  amount  which  the  district  is  authorized  to  raise  for  build- 
ing schoolhouses; 

Eighth,  To  authorize   and  direct  the  sale  of  any  school-  Direct  sale  of 
house,  site,  building  or  other  property  belonging  to  the  dis-  Pr°Perty- 
trict,  when  the  same  shall  no  longer  be  needed  for  the  use  of 
the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions  Direct  suits, 
as  they  shall  deem  necessary  in  relation  to  the  prosecution  or  etc- 
defense  of  any  suit  or  proceeding  in  which  the  district  may 
be  a  party  or  interested; 

Tenth,  To  appoint,  as  in  their  discretion  it  may  be  neces-  Appoint  bmid- 
sary,  a  building  committee  to  perform  such  duties  in  super- ing  committee- 
vising  the  work  of  building  a  schoolhouse  as  they  may  by  vote 
direct; 

Eleventh,  At  the  first  and  the  annual  meeting  only,  to  deter-  Determine 
mine  the  length  of  time  a  school  shall  be  taught  in  their  dis-  SchS>i  year, 
trict  during  the  ensuing  year,  which  shall  not  be  less  than 
nine  months  in  districts  having  eight  hundred  children  over 
five  and  under  twenty  years  of  age,  and  not  less  than  five 
months  in  all  other  districts,  on  pain  of  forfeiture  of  their 
share  of  the  primary  school  interest  fund;  but  in  case  such 
matters  shall  not  be  determined  at  the  first  or  annual  meet- 
ing, the  district  board  shall  determine  the  same;  and  in  case 
the  district  fails  ta  vote  for  at  least  the  minimum  length  re- 
quired herein,  the  district  board  shall  make  provisions  for 
said  minimum  length  of  school; 

Twelfth,  To  appropriate  the  funds  derived  or  to  be  derived  HOW  may  use 
from  the  one  mill  Tax,  or  such  paj-t  thereof  as  is  deemea  uecess-  n 
sary,  for  the  purpose  of  transporting  pupils  to  and  from 


20  GENERAL  SCHOOL  LAWS. 


Proviso.  school:    Provided,    That   any   district   may   appropriate   any 

surplus  moneys  arising  from  the  one  mill  tax  afier  having 
maintained  a  school  in  the  district  at  least  eight  months  in 
the  school  year  for  the  following  purposes:  purchasing  or 
enlarging  school  sites,  building  or  repairing  schoolhouses, 
purchasing  any  school  apparatus,  purchasing  books  for 
library,  or  for  any  incidental  expenses  of  the  school. 

Am.  1903,  Act  10. 

Moiles  v.  Watson,  60  /  415. 

FOURTH  :     See  Section  106  as  to  designation  of  school  sites. 

FIFTH  :  A  school  district,  contracting  for  the  building  of  a  school-house 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within  such 
reasonable  time  that  the  contractors  shall  not  be  delayed  on  their  part. — Todd 
v.  Sch.  Dist.,  40  /  294.  Sureties  upon  a  bond  for  the  performance  of  a  con- 
tract are  released  by  an  assignment  of  the  contract  and  the  grant  of  an  ex- 
tension of  time  to  the  contractors. — Id. 

SIXTH  :  A  school  district  in  its  annual  meeting  may  lawfully  recognize  and 
pay  equitable  claims  even  though  they  are  not  strictly  legal  demands  against 
it. — Stockdale  v.  School  Dist.,  47  /  226.  Th'e  provision  that  no  land  shall 
be  taxed  for  the  building  of  school-houses,  unless  some  portion  thereof  shall 
be  within  2%  miles  of  the  school-house  site,  does  not  apply  to  a  graded 
school  district. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  437. 

SEVENTH  :  Publishing  House  v.  Sch.  Dist.,  94  /  265.  The  word  "append- 
age" does  not  mean  simply  the  apparatus  to  be  used  inside  of  the  building,  nor 
is  it  limited  to  brooms,  pails,  cups,  etc.",  but  must  be  construed  to  include 
fuel,  fences  and  necessary  out-houses. — Creager  v.  Sch.  Dist.,  62  / 108.  A 
director  has  authority,  in  the  exercise  of  a  sound  discretion,  to  buy  new  seats 
for  a  school-house  under  a  resolution  "to  fit  up  the  school-house  for  the 
winter  term." — McLaren  v.  Akron  Town  Board,  48/190.  Equitable  claims. — 
See  notes  to  subdivision  Sixth.  Certain  charts,  etc.,  held  not  to  be  necessary 
appendages,  such  as  the  director  is  required  to  furnish. — Gibson  v.  Sch.  Dist., 
36  /  404 ;  Publishing  House  v.  School  Dist.,  94  /  265.  A  school  district  has 
no  power  to  levy  a  tax  except  for  the  purposes  specified  by  statute. — Hinman 
v.  Sch.  Dist.,  4/168.  See  Section  64,  subdivision  6. 

ELEVENTH  :  Tappan  v.  Sch.  Dist.,  44  /  500.  The  district  board  has  power 
to  contract  with  a  qualified  teacher  for  such  term  during  the  ensuing  year 
as  shall  be  determined  by  the  qualified  voters  of  the  district  at  the  annual 
school  meeting. — Cleveland  v.  Amy,  88  /  374  ;  Moiles  v.  Watson,  60  /  417. 

TWELFTH:  Gibson  v.  Sch.  Dist.,  36/404;  Publishing  Co.  v.  Sch.  Dist., 
94  /  265. 

Where  a  board  of  education  erects  a  school  building  in  such  manner  that 
ice  and  snow  must  inevitably  slide  from  the  roof  into  plaintiff's  premises,  there 
being  no  sufficient  barrier  to  prevent,  and  fails,  after  notice,  to  remedy  the 
defect,  it  may  be  held  liable  to  him  for  injuries  sustained  in  falling  upon  ice 
so  precipitated,  the  trespass  being  the  proximate  cause  of  the  injury. — Ferris 
v.  Board  of  Education  of  Detroit,  122  /  315. 

The  neglect  or  refusal  of  the  electors  of  a  township  to  vote  the  amounts 
necessary  to  be  raised  for  township  and  school  purposes  is  sufficiently  shown, 
within  the  statutes  authorizing  the  township  board  and  the  board  of  educa- 
tion, respectively,  to  vote  the  same  in  such  case,  by  a  recital  in  the  resolutions 
of  the  several  boards  voting  such  taxes,  that  the  attention  of  the  electors 
present  at  the  annual  meeting  was  called  to  the  matter  of  voting  upon  such 
questions,  and  that  they  failed,  neglected,  and  refused  to  vote  such  sums 
as  were  necessary. — Weston  Lumber  Co.  v.  Township  of  Munising,  123  /  138. 

THIRTEENTH  :  Where  the  legislature  divides  a  district  and  provides  for 
a  distribution  of  orooertv.  the  new  district  is  not  entitled  to  share  in  primary 
school  interest  fund  at  the  following  apportionment,  though  based  upon  re- 
ports of  previous  year. 

A  district  which  does  not  maintain  school  for  at  least  three  months  is  not 
entitled  to  share  in  annortionment  of  orimarv  school  interest,  fund. — Decker- 
ville  School  District  v.  District  No.  3  of  Marion,  131  /  272. 

FOURTEENTH :  A  school  district  which  had  provided  by  resolution  for 
the  seating  of  a  schoolhouse  is  estopped  to  question  the  validity  of  a  con- 
tract signed  by  the  director  only,  where  other  officers  paid  the  freight  bills 
and  the  seats  had  been  in  use  fifteen  months. — Jones  v.  Sch.  Dist.  No.  3  of 
losco,  110  /  363. 

FIFTEENTH  :  District  board  bought  furniture.  At  following  annual  meet- 
ing voters  made  no  objection.  Held  a  ratification  of  the  contract  though  act 
of  board  was  not  authorized. — Haney  Sch.  Fur.  Co.  v.  Sch.  Dist.  No.  1  Crystal 
Lake  Twp.,  133  /  241. 

SIXTEENTH :      School    district    cannot    appropriate    surplus    one    nail 
to   general   purpose   before   end   of   year. — Bonhagel   v.    Sch.    Brd.   of   Dist.   No. 
1,  Bronson  &  Bethel  Twps.,  134/455. 


GENERAL  SCHOOL  LAWS.  21 


OHAPTEB   III. 

DISTRICT  BOARD  AND  OFFICERS. 

(44.)     §  4666.     SECTION  1.     At  the  first   meeting  in  each  flection  of 
school  district  there  shall  be  elected  by  ballot  a  moderator  for  officers. 
the  term  of  three  years,  a  director  for  two  years,  and  a  treas- 
urer for  one  year;  and  on  the  expiration  of  their  respective  Term  of  office, 
terms  of  office,  and  regularly  thereafter  at  the  annual  meetings, 
their  several  successors  shall  -be  elected  in  like  manner  for  a 
term  of  three  years  each.    The  time  intervening  between  the 
first  meeting  in  any  school  district  and  the  first  annual  meet- 
ing thereafter  shall  be  reckoned  as  one  year. 

NOTE. — Act  165.  1901,  amending  Act  164,  1881,  changes  the  word  assessor 
to  treasurer;  Eff.  Sept.  1,  1902. 

OFFICERS  :  The  officers  of  a  primary  school  district  consist  of  a  modera- 
tor, director  and  assessor.  These  officers  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have, 
therefore,  neither  common  law  power,  nor  rights,  but  are  strictly  confined  to 
such  as  are  conferred  upon  them  by  statute  ;  and  as  no  compensation  for  their 
official  services  has  been  provided  [as  the  law  stood  prior  to  1859]  or  in 
any  manner  authorized  by  statute,  none  can  be  legally  claimed  or  recovered. 
— Hinman  v.  Sch.  Dist.,  4  /  168.  The  provisions  relative  to  the  election  of 
school  district  officers  by  ballot  are  mandatory  ;  but  where  they  were  unani- 
mously chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  and  acted 
and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dismissed. — 
People  v.  Gartland,  75  /  143.  Parol  evidence  is  admissible  to  show  who  are 
the  district  officers. — Crane  v.  Sch.  Dist.,  61  /  299. 

BALLOT:  All  ballots  cast  under  statutory  requirements  are  formal  and 
final,  if  there  Is  an  election,  and  cannot  be  repeated.  There  can  be  no  "in- 
formal" ballot. — People  v.  Stone,  78  /  635  ;  Sch.  Dist.  v.  Root,  61  /  373. 

(45.)     §  4667.     SEC.  2.     A  school   district  office   shall   be- when  district 

, ,        .  offices  to  be- 

COine  vacant  upon  any  of  the  following  events:  come  vacant. 

First,  The  death  of  the  incumbent; 

Second,  His  resignation; 

Third,  HI-s  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by  a 
competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law ; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  district. 

Am.   1903,  Act  21. 

(46.)  §  4668.  SEC.  3.  In  case  any  one  of  the  district  of- 
fices  becomes  vacant,  the  two  remaining  officers  fhall  imrue-  filled. 
diately  fill  such  vacancy ;  or  in  case  twro  of  the  offices  become 
vacant,  the  remaining  officer  shall  immediately  call  a  special 
meeting  of  the  district  to  fill  such  vacancies;  in  case  any 
vacancy  is  not  filled  as  herein  provided  within  twenty  days 
after  it  shall  have  occurred,  or  in  case  all  the  offices  in  a  dis- 
trict shall  become  vacant,  the  board  of  school  inspectors  of  the 
township  to  which  the  annual  reports  of  such  district  are  made 


22  GENERAL  SCHOOL  LAWS. 

* 

Term  of  office  shall  fill  such  vacancies.     Any  person  elected  or  appointed  to 

office?.°inted     fl11  n  vacancy  in  a  district  office  shall  hold  such  office  until  the 

next  succeeding  annual  meeting,  at  which  time  the  voters  of 

the  district  shall  fill  such  office  for  the  unexpired  portion  of 

the  term. 

Johnston  v.   Mitchell,  120/589. 

who  are  eiigi-      (47.)      §  4669.     SEC.  4.     Any  qualified  voter  in  a  school  dis- 
office°  hc          trict  whose  name  appears  upon  the  assessment  roll,  and  is  the 
owner  in  his  own  right  of  the  property  so  assessed,  shall  be 
eligible  to  election  or  appointment  to  office  in  such  school  dis- 
trict, unless  such  person  be  an  alien. 

Am.  1899,  Act  184. 

TO  file  accept-  (48.)  §  4670.  SEC.  5.  Within  ten  days  after  their  elec- 
tion or  appointment  the  several  officers  of  each  school  district 
shall  file  with  the  director  written  acceptances  of  the  office  to 
which  they  have  been  respectively  elected  or  appointed,  accom- 
panied by  an  affidavit,  properly  acknowledged,  that  they  are 
qualified  voters,  that  their  name  appears  on  the  assessment 
roll,  and  that  they  are  the  owners  in  their  own  right  of  the 
property  so  assessed,  and  such  acceptances  and  affidavits  shall 
be  entered  in  the  records  of  the  district  by  said  director. 

Am.  1903,  Act  21. 

District  board,      (49.)      §  4671.     SEC.  6.     The     moderator,      director,     and 

ofhma?ebeings  treasurer  shall  constitute  the  district  board.    Meetings  of  the 

called.  board  may  be  called  by  any  member  thereof  by  serving  on  the 

other  members  a  written  notice  of  the  time  and  place  of  such 

meeting  at  least  twenty-four  hours  before  such  meeting  is  to 

Necessity  of     take  place ;  and  no  act  authorized  to  be  done  by  the  district 

vSdSftion  by  board  shall  be  valid  unless  voted  at  a  meeting  of  the  board. 

board.  ^  majority  of  the  members  of  the  board  at  a  meeting  thereof 

board!"1  °f       shall  be  necessary  for  the  transaction  of  business. 

Am.  1901,  Act  165. 

A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board. — 
Hazen  v.  Lerche,  47  /  626. 

A  school  teacher  can  be  employed  only  by  the  action  of  a  district  board 
at  a  meeting  of  the  board.  Parol  evidence  is  not  admissible  to  show  that 
the  record  of  the  meeting  made  by  the  director  is  not  true. — Gowley  v.  Sch. 
Dist.  No.  3,  Harrisville,  130  /  634. 

Board  to  (50.)      §  4672.     SEC.  7.     The  said  district  board  shall  pur- 

?eucrordasbooks  chase  a  record  book  and  such  other  books,  blanks  and  station- 
ery as  may  be  necessary  to  keep  a  record  of  the  proceedings  of 
the  district  meetings  and  of  the  meetings  of  the  board,  the 
accounts  of  the  treasurer,  and  for  doing  the  business  of  the  dis- 
trict in  an  orderly  manner. 

Am.  1903,  Act  49. 

Officers  having  charge  of  school  records  are.required  to  furnish  proper  facili- 
ties for  the  examination  or  copying  of  the  same.  See  Act  No.  76,  P.  A.  190 

Before  the  enactment  of  this  provision  it  was  held  that  the  board  had 
authority  to  purchase,  nt  thp  expense  of  the  d'strict.  record  books,  blanks  and 
paper  necessary  for  the  use  of  the  district  in  keeping  the  records  required  by 
law,  without  any  vote  of  the  district  therefor. — Sch.  Dist.  v.  Snell,  24  /  353- 


GENERAL  SCHOOL  LAWS.  23 

(51.)     §  4673.     SEC.  8.     The  district  board  shall  purchase  Board  to 
or  lease,  in  the  corporate  name  of  the  district,  such  sites  for  §?e?amf  bului  i 
schoolhouses  as  shall  have  been  lawfully  designated,  and  shall 
build,  hire,  or  purchase  such  schoolhouses  as  may  be  neces- 
sary out  of  the  fund  provided  for  that  purpose,  and  make  sale 
of  any  site  or  other  property  of  the  district  when  lawfully 
directed  by  the  qualified  voters;  but  no  district  in  any  case  Necessity  of 
shall  build  a  stone  or  brick  schoolhouse  upon  any  site  without  ^Ste  before 
having  first  obtained  a  title  in  fee  to  the  same,  or  a  tease 
ninety-nine  years;  nor  shall  any  district  build  a  frame  school- 
house  on  any  site  for  which  they  have  not  a  title  in  fee  or  a 
lease  for  fifty  years,  without  securing  the  privilege  of  removing 
the  said  schoolhouse  when  lawfully  directed  so  to  do  by  the 
qualified  voters  of  the  district  at  any  annual  or  special  meet- 
ing, when  lawfully  convened. 

TITLE  IN  FEE  :  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  n  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provisions 
of  the  school  law.  —  Sch.  Dist.  v.  Everett.  52  /314. 

LEASES:  School-house  on  leasr-d  land  belongs  to  district  and  may  be  re- 
moved within  reasonable  period.  —  Hayward  v.  Sch.  Dist.  N.  W.  Rep.  102  /  999. 

(52.)     §  4674.     SEC.  9.     Tt  shall  be  the  duty  of  the  district  Board  to 
board  to  estimate  the  amount  necessary  to  be  raised,  in 
tion   to  other  school   funds,  for  the  entire  support  of  such  schools. 
schools,  including  teachers'  wages,  fuel,  and  other  incidental 
expenses,  and  for  deficiencies  of  the  previous  year  for  such 
purposes.     Rut  in  districts  having  less  than  thirty  scholars, 
such  estimate,  including  the  district's  share  of  the  primary 
school  interest  fund  and  one-mill  tax.  shall  not  exceed  the  sum 
of  fifty  dollars  a  month  for  the  period  during  which  school  is 
held  in  such  district;  and  when  such  amount  has  been  esti- 
mated and  voted  by  the  district  board,  it  shall  be  reported  for 
assessment  and  collection,  the  same  as  other  district  taxes. 
When  a  tax  has  been  estimated  and  voted  by  the  district  board  when 
under  the  provisions  of  this  section,  and  is  needed  before  it 
be  collected,  fhe  district  board  may  borrow  to  an  amount  not 
exceeding  the  amount  of  said  tax. 

(58.)      §  4675.     SEC.  10.     The  district  board,  or  board   of  School  board 
education,  shall,  between  the;  second  Monday  in  July  and  the^jjen  ^repor 
first  Monday  in  August  in  each  year,  make  out  and  deliver  to 
the  township  clerk  of  each  township  in  which  any  part  of  the 
district  is  situated,  a   report  in   writing  under  their  hands 
of  all  taxes  voted  by  the  district  during  the  preceding  year, 
and  of  all  taxes  which  said  board  is  authorized  to  impose, 
to  be  levied  on  the  taxable  property  of  the  district. 

Am.  1905,  Act  36. 


(54.)      §  4676.     SEC.  11.     The    district    board    shall 
and  pay  over  all  school  moneys  belonging  to  the  district,  in  a  c-  apply  mon 
cordance  with  the  provisions  of  law  regulating  the  same,  and 
no  money  raised  by  district  tax  shall  be  used  for  any  other 


eys 


24 


GENERAL  SCHOOL  LAWS. 


purpose  than  that  for  which  it  was  raised,  without  a  consent- 
ing vote  of  two-thirds  of  the  tax-paying  voters  of  the  district; 
and  no  moneys  received  from  the  primary  school  interest  fund, 
nor  from  the  one-mill  tax  except  as  provided  by  law  shall  be 
appropriated  to  any  other  use  than  the  payment  of  teachers' 
wages,  and  no  part  thereof  shall  be  paid  to  any  teacher  who 
shall  not  have  received  a  certificate  of  qualification  from 
proper  legal  authority  before  the  commencement  of  his  school. 
No  school  district  shall  apply  any  of  the  moneys  received  by  it 
from  the  primary  school  interest  fund,  or  from  any  and  all 
other  sources,  for  the  support  and  maintenance  of  any  school 
of  a  sectarian  character,  whether  the  same  be  under  the  con- 
trol of  any  religious  society,  or  made  sectarian  by  the  school 
district  board. 


Sectarian 
schools  barred 
from  public 
moneys. 


Board  to 
make  annual 
reports. 


Contents  of. 


Board  to  hire 
teachers. 

Contracts. 

School  regis- 
ter to  be  kept. 


Record  of 
attendance. 


Contract  to  be 
filed. 

Teacher  must 
have  legal 
certificate. 


School  month 
defined. 


Proof  of  qualification. — Sch.  Dist.  v.  Cook,  47  /  112. 

(55.)  §  4677.  SEC.  12.  Said  board  shall  present  to  the 
district,  at  each  annual  meeting,  a  report  in  writing,  contain- 
ing an  accurate  statement  of  all  moneys  of  the  district  received 
by  them,  or  any  of  them,  during  the  preceding  year,  and  of  the 
disbursements  made  by  them,  with  the  items  of  such  receipts 
and  disbursements.  Such  report  shall  also  contain  a  statement 
of  all  taxes  assessed  upon  the  taxable  property  of  the  district 
during  the  preceding  year,  the  purposes  for  which  such  taxes 
were  assessed,  and  the  amount  assessed  for  each  particular 
purpose,  and  said  report  shall  be  entered  by  the  director  in 
the  records  of  the  district. 

(56.)  §  4678.  SEC.  13.  The  district  board  shall  hire 
and  contract  with  such  duly  qualified  teachers  as  may  be  re- 
quired; and  all  contracts  shall  be  in  writing  and  signed  by  a 
majority  of  the  board  in  behalf  of  the  district.  Said  contracts 
shall  specify  the  wages  agreed  upon  and  snail  require  the 
teacher  to  keep  a  correct  list  of  the  pupils,  grading  and  the  age 
of  each,  attending  the  school,  and  the  number  of  days  each 
pupil  is  present,  the  aggregate  attendance  average  daily  at- 
tendance and  percentage  of  attendance,  and  to  furnish  the  di- 
rector with  a  correct  copy  of  the  same  at  the  close  of  school. 
Said  contract  shall  be  filed  with  the  director  and  a  duplicate 
copy  of  the  contract  shall  be  furnished  to  the  teacher.  No  con- 
tract with  any  person  not  holding  a  legal  certificate  of  qualifi- 
cation then  authorizing  such  person  to  teach,  shall  be  valid, 
and  all  such  contracts  shall  terminate  if  the  certificate  shall 
expire  by  limitation  and  shall  not  immediately  be  renewed,  or 
if  it  shall  be  suspended  or  revoked  by  proper  legal  authority. 
A  school  month  within  the  meaning  of  the  school  laws  shall 
consist  of  four  weeks  of  five  days  in  each  week,  unless  other- 
wise specified  in  the  teachers'  contract. 

Am.  1901,  Acts  62  and  146. 

HIRE  AND  CONTRACT  :  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract. — Wall  v.  Eastman,  1  /  270.  A  teacher  can  be  law- 
fully employed  only  by  convening  the  board. — Ha^en  v.  Lerche.  47/626.  Con- 
tracts may'  be  made  before  the  beginning  of  the  school  year. — Sch.  Dist.  v, 


GENERAL  SCHOOL  LAWS.  25 


Cook.  47/112;  Tappan  v.  Sch.  Dist..  44/500:  Cleveland  v.  Amy,  88/376: 
Farrell  v.  Sch.  Dist.,  1)8  /  45.  The  power  to  employ  teachers  conferred  upon 
district  boards  of  primary  schools  by  this  section  is  co-extensive .  with  that 
conferred  upon  the  boards  of  trustees  of  graded  schools  by  Section  106. — Id. 
376.  Where  a  contract  was  signed  by  the  director  and  the!  teacher,  the  modera- 
tor wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such  approval 
and  signature  was  treated  as,  in  legal  effect,  a  signing  of  the  contract. — 
Everett  v.  Sch.  Dist.,  30  /  249.  When  the  contract  is  signed  by  a  majority  of 
the  board  only. — Crane  v.  Sch.  Dist.,  61  /  299.  Simultaneous  signing  is  not 
necessary. — Holloway  v.  Sch.  Dist.,  62  /  155  ;  Everett  v.  Sch.  Dist.,  30  /  249. 
It  is  the  business  of  school  districts  to  keep  up  public  schools,  and  it  is  the 
duty  of  the  officers  to  provide  teachers  and  to  make  contracts  with  them. 
It  is  their  duty  to  know  under  what  conditions  a  teacher,  whom  they  know 
to  be  teaching,  claims  to  act — Holloway  v.  Sch.  Dist.,  62  /  155.  A  teacher 
has  a  right  to  sunoose  his  contract  to  be  a  valid  one  when  it  is  signed 
by  a  sufficient  number  of  officers  and  he  is,  with  the  personal  knowledge  of 
the  whole  board,  permitted  and  encouraged  to  go  on. — Id.  156.  A  contract 
valid  on  its  face,  actually  carried  out  in  full  with  the  acquiescence  of  all 
concerned,  cannot  be  subsequently  repudiated. — Id.  The  provision  that  the 
contract  shall  require  tne  teacher  to  keep  a  list  of  the  pupils,  etc.,  is  merely 
directory-  Its  omission  will  not  invalidate  the  contract. — Everett  v. 
Sou.  Dist.,  30  /  249.  A  district  school  board  cannot  discharge  a  teacher  for 
incompetency,  in  the  absence  of  a  provision  to  that  effect  in  the  contract. — 
Carver  v.  Sch.  Dist.,  113/524.  Where  a  contract  has  been  terminated  by 
the  board,  mandamus  will  not  lie  to  review  the  board's  action  and  compel 
payment  of  salary  claimed  under  the  contract. — Coffin  v.  Detroit  Bd.  of  Ed., 
114  /  342  ;  Langston  v.  Sch.  Dist.  No.  3  of  Springwells,  121  /  654.  A  resolu- 
tion to  hire  does  not  constitute  a  contract.  All  contracts  must  be  in  writing. — 
Laugston  v.  Sch.  Dist.  No.  3  of  Springwells,  121  /  654. 

QUALIFIED  TEACHER:  A  teacher  suing  for  his  wages  need  not  make 
profert  of  his  certilicate,  but  the  granting  of  it  may  be  proved  by  parol. — 
Sch.  Dist.  v.  Cook,  47  /  112.  Normal  school  certificate  not  tiled  or  recorded  in 
the  proper  office  (see  How.  4969)  until  after  contract  made. — Smith  v.  Sch. 
Dist.,  69/591.  Since  the  statute  makes  invalid  a  contract,  where  the  teacher 
holds  no  legal  certificate,  such  contract  cannot  be  made  the  basis  of  a  re- 
covery of  salary. — Bryan  v.  Sch.  Dist.,  Ill  /  67. 

HOLIDAYS  AND  INTERRUPTIONS :  Teaching  contracts  for  stated  per- 
iods, are  subject  to  the  observance  of  recognized  holidays  and  there  can  be 
no  deductions  for  such  occasions  from  a  teacher's  wages. — Sch.  Dist.  v.  Gage, 
39  /  484  ;  Holloway  v.  Sch.  Dist.,  62  /  156.  Suspension  of  school  during  the 
prevalence  of  smallpox  is  no  defense  to  the  payment  of  the  teacher's  wages 
for  the  time  the  school  is  closed. — Dewey  v.  Sch.  Dist.,  43  /  480.  Payment  of 
wages  after  the  burning  of  the  school-house. — Smith  v.  Sch.  Dist.,  69  /  589. 

WAGES  NOT  GARNISHABLE :  A  teacher's  wages  cannot  be  reached  by 
garnishment. — Sch.  Dist.  v.  Gage,  43  /  484. 

CONTRACTS :  Under  this  section,  providing  that  school  teachers'  con- 
tracts shall  be  in  writing,  and  signed  by  a  majority  of  the  district  board,  and 
shall  specify  the  wages,  etc.,  a  resolution  of  a  school  board  authorizing  the 
employment  of  a  specified  person,  though  supplemented  by  conversations  be- 
tween such  person  and  individual  members  of  the  board  in  respect  to  the 
terms  of  employment,  and  by  the  action  of  the  person  designated  in  appearing 
at  the  school  at  the  opening  of  the  term,  and  teaching  for  two  days  without 
objection,  does  not  constitute  a  contract  of  hiring  binding  upon  the  district. — 
Langston  v.  Sch.  Dist.  No.  3  of  Springwells  Twp.,  121  /  654. 

CONTRACTS :  Under  the  ab  we  section,  requiring  all  "Contracts  by 
school-district  boards  with  teachers  to  be  in  writing,  an  oral  contract  with 
a  teacher  to  continue  the  school  for  a  month  after  the  expiration  of  his 
written  contract  is  not  enforceable,  though  such  teacher  has  performed  the 
services. — Hutchins  v.  School  District  No.  1  of  Colfax  Township,  128  /  177. 

CONTRACTS  AND  QUALIFIED  TEACHERS:  A  contract  between  a  teach- 
er and  a  graded  school  district  is  invalid,  unless  the  teacher,  at  the  time 
of  making  the  contract  has  the  certificate  required  by  Section  180,  author- 
izing her  to  teach  during  the  term  covered  by  the  contract ;  obtaining  a  cer- 
tificate after  the  making  of  the  contract,  and  before  the  commencement  of 
school,  is  not  a  compliance  with  the  statute. — McCloskey  v.  Sch.  Dist.  No.  5 
Wheatland,  134  /  235. 

(57.)     §  4679.     SEC.  14.    The  district  board  shall  providecareandu.se 
a  water  supply  for  pupils,  have  the  care  and  custody  of  the  house1001" 
schoolhouse  and  other  property  of  the  district,  except  so  far 
as  the  same  shall  by  vote  of  the  district  be  especially  confided 
to  the  custody  of  the  director,  including  all  books  purchased 
for  the  use  of  indigent  pupils,  and  shall  open  .the  schoolhouse 
for  public  meetings  unless  by  a  vote  at  a  district  meeting  it 
shall   be   determined    otherwise :     Provided,  That  said  board  Board  may 
may  exclude  such  public  meetings  during  the  five  school  days  meJSn|spatbh< 
of  each  week  of  any  and  all  school  terms,  or  such  parts  thereof  certain  times* 
4 


26 


GENERAL  SCHOOL  LAWS. 


Board  to 
specify 
studies,  etc. 


Kind  of  text- 
books to  be 
used. 


Textbooks, 
by  whom 
approved,  etc 


Board  to 
require  the 
teacher  to 
certify,  etc. 


Punishment 
for  neglect. 


as  in  their  discretion  they  may  deem  for  the  best  interest  of 
the  schools. 

Am.  1901,  Act  146. 

The  board  has  the  care  and  custody  of  all  the  property  and  moneys  of 
the  district,  except  what  may  be  especially  confided  to  the  director. — Manard 
v.  Woodward,  36  /  424  ;  Eckhardt  v.  Darby,  118  /  199. 

(58.)  §  4680.  SEC.  15.  The  district  board  shall  specify 
the  studies  to  be  pursued  in  the  schools  of  the  district  [dis- 
tricts], and  in  addition  to  the  branches  in  which  instruction  is 
now  required  by  law  to  be  given  in  the  public  schools  of  the 
State,  instruction  shall  be  given  in  physiology  and  hygiene, 
with  a  special  reference  to  the  nature  of  alcohol  and  narcotics, 
and  their  effects  upon  the  human  system.  Such  instruction 
shall  be  given  by  the  aid  of  text  books  in  the  case  of  pupils  who 
are  able  to  read,  and  as  thoroughly  as  in  other  studies  pursued 
in  the  same  school.  The  text  books  to  be  used  for  such  in- 
struction shall  give  at  least  one-fourth  of  their  space  to  the 
consideration  of  the  nature  and  effects  of  alcoholic  drinks  and 
narcotics,  and  the  books  used  in  the  highest  grade  of  graded 
schools  shall  contain  at  least  twenty  pages  of  matter  relating 
to  this  subject.  Text  books  used  in  giving  the  foregoing  in- 
structions shall  first  be  approved  by  the  state  board  of  educa- 
tion. Each  school  board  making  a  selection  of  text  books 
under  the  provisions  of  this  act  shall  make  a  record  thereof  in 
their  proceedings,  and  text  books  once  adopted  under  the  pro- 
visions of  this  act  shall  not  be  changed  within  five  years,  ex- 
cept by  the  consent  of  a  majority  of  the  qualified  voters  of 
the  district  present  at  an  annual  meeting,  or  at  a  special  meet- 
ing called  for  that  purpose.  The  district  board  shall  require 
each  teacher  in  the  public  schools  of  such  district,  before  plac- 
ing the  school  register  in  the  hands  of  the  directors  [director], 
as  provided  in  section  thirteen  of  this  act,  to  certify  therein 
whether  or  not  instruction  has  been  given  in  the  school  or 
grade  presided  over  by  such  teacher,  as  required  by  this  act, 
and  it  shall  be  the  duty  of  the  director  of  the  district  to  file 
with  the  township  clerk  a  certified  copy  of  such  certificate.  Any 
school  board  neglecting  or  refusing  to  comply  with  any  of  the 
provisions  of  this  act  shall  be  subject  to  fine  or  forfeiture  the 
same  as  for  neglect  of  any  other  duty  pertaining  to  their  office. 
This  act  shall  apply  to  all  schools  in  the  state,  including 
schools  in  cities  or  villages,  whether  incorporated  under  spe- 
cial charter  or  under  the  general  laws. 

Western  Pub.  House  v.  Sch.  Dist.,  94  /  265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an  an- 
nual school  meeting. — Jones  v.  Board  of  Ed.  of  Detroit,  88  /  373.  The  power 
to  adopt  text-books  is  conferred  by  law  and  cannot  be  affected  by  any  rule 
of  the  board  of  education  fixing  a  time  for  the  reconsideration  of  motions 
and  resolutions. — Id.  347.  As  to  suspensions  of  by-law  regulating  adoption  of 
text-book,  see  Kendall  v.  Board  of  Education,  106  /'  681. 

TEXT  BOOKS :  The  provision  of  the  law  that  text-books  once  adopted 
shall  not  be  changed  within  five  years,  was  designed  to  protect  the  public 
and  not  for  the  benefit  of  book  publishers. 

A  resolution  of  the  board  directing  the  purchase  of  a  specified  number 
of  text-books  for  use  in  the  school  constituted  an  adoption  of  that  book. 
The  five  years  began  to  run  from  the  date  of  such  resolution,  not  from  the 
time  the  books  were  completely  installed  in  the  school. 


GENERAL  (SCHOOL-LAWS. 


The  provisions  of  the  statute  that  all  text-books  shall  be  uniform  in  any 
one  subject,  requires  uniformity  in  the  books  used  in  the  same  grade 
only,  and  does  not  require  that  all  text-books  used  in  the  different  grades 
on  the  same  subject  shall  be  of  the  same  series. 

A  resolution  of  the  board  to  purchase  certain  text-books  for  "Supplementary 
use"  shows  no  intention  to  adopt,  and  is  illegal  and  void. — Att'y  Gen'l.  ex  rel. 
Marr  v.  Bd.  Edu.  Detroit,  133/681. 

(59.)     §  4681.     SEC.  10.     The  district  board  may  purchase  Purchase  of 
at  the  expense  of  the  district,  such  text  books  as  may  be  neces-  poor  children. 
sary  for  the  use  of  children  when  parents  ure  not  able  to  fur- 
nish the  same,  and  they  shall  include  the  amount  of  such  pur- 
chase in  the  report  to  the  township  clerk  or  clerks,  to  be  levied 
in  like  manner  as  other  district  taxes. 

(60.)      §  4682.     SEC.  17.     The  district  board  shall  have  the  Board  to 
general  care  of  the  school,  and  shall  make  and  enforce  suitable  ruiesfor 
rules  and  regulations  for  its  government  and  management,  and  schools- 
for  the  preservation  of  the  property  of  the  district.  Said  board  May  suspend 
may  authorize  or  order  the  suspension  or  expulsion  from  the  disorderly 
school,  whenever  in  its  judgment  the  interests  .of  the  school  pupils, 
demand  it,  of  any  pupil  guilty  of  gross  misdemeanor  or  per- 
sistent disobedience.    Any  person  who  shall  disturb  any  school  Penalty  for 
by  rude  and  indecent  behavior,  or  by  profane  or  indecent  dis-  scnooLing 
course,  or  in  any  other  way  make  such  disturbance,  shall,  on 
conviction  thereof,  be  punished  by  a  fine  not  less  than  two  nor 
more  than  fifty  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  thirty  days. 

EXPULSION  :  It  is  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
before  he  can  be  suspended  or  expelled  from  school.  He  must  be  guilty  of 
some  wilful  or  malicious  act  of  detriment  to  the  school  and  the  misconduct 
must,  be  gross — something  more  than  a  petty  or  trivial  offense  against  the 
rules — or  he  must  be  persistent  in  his  disobedience  of  the  proper  and  reason- 
able rules  and  regulations  of  the  school.  A  boy  cannot  be  expelled  or  sus- 
pended for  a  careless  act,  no  matter  how  negligent,  if  it  is  not  wilful  or 
malicious. — Holman  v.  Sch.  Dist.,  77  /  609. 

MISDEMEANOR:  The  meaning  of  the  word  "misdemeanor"  in  this  section 
is  gross  misconduct  or  gross  misbehavior,  not  necessarily  a  criminal  act. — 
Holman  v.  Sch.  Dist,  77/606-7. 

George  R.  Matthews  v.  Board  of  Education  of  School  District  No.  1  of  the 
City  and  Township  of  Kalamazoo. 

The  ruling  of  the  school  board  of  1894  required  all  children  to  be  vaccinated 
before  attending  the  public  school.  George  Mathews,  having  three  children  of 
school  age  who  had  not  been  vaccinated,  brought  mandamus  proceedings  in  the 
circuit  court  to  compel  the  school  board  to  admit  the  children  to  the  public 
school.  Case  decided  in  the  supreme  court  July  10,  1901.  Decision :  That 
school  board  under  this  section  of  the  Compiled  Laws  had  no  authority  to 
compel  children  to  be  vaccinated  before  entering  public  school.  It  is  tht 
opinion  of  the  court,  however,  that  in  case  there  had  been  an  epidemic  of 
smallpox  in  the  city  at  that  time  the  board  would  have  the  authority  to 
temporarily  close  the  school,  or  say  who  shall  be  excluded  from  tfce  school  until 
the  epidemic  is  passed. 

A  school  district  board,  by  virtue  of  the  authority  conferred  on  it  by  statute 
to  enact  rules  for  the  management  of  the  schools,  has  no  power  to  adopt  a 
general,  continuing  rule,  operative  without  regard  to  varying  conditions,  ex- 
cluding from  the  schools  all  pupils  who  have  not  been  vaccinated. — Mathews 
v.  Kalamazoo  Board  of  Education,  127  /  530. 

RULES  :  A  board  of  education  under  authority  of  the  statute  has  power 
to  make  rules  requiring  children  to  go  directly  home  after  school.  A  principal 
is  not  liable  for  damages  who  enforces  such  a  rule. — Jones  v.  Cody,  132  /  13. 

(61.)     §  4683.     SEC.  18.     All    persons    residents    of    any  who  can  at- 
school  district,  and  five  years  of  age,  shall  have  an  equal  right tend  schooh 
to  attend  any  school  therein ;  and  no  separate  school  or  depart-  NO  separate 
nient  shall  be  kept  for  any  persons  on  account  of  race  or  color :  Account  of 
Provided,  That  this  shall  not  be  construed  to  prevent  the  race,  etc. 


28 


GENERAL  SCHOOL.iLAWS. 


Grading  not 
prevented. 


District 
boards  may 
admit  non- 
resident 
pupils. 


Children  who 
are  a  county 
charge  to  be 
admitted 


grading  of  schools  according  to  the  intellectual  progress  of  the 
pupil,  to  be  taught  in  separate  places  as  may  be  deemed  expe- 
dient. 

It  is  the  requirement  of  the  general  law  that  the  right  to  attend  the 
schools  shall  be  possessed  equally  and  impartially  by  all  classes  of  residents. — 
People  v.  Detroit  Bd.  of  Ed.,  18  /  413.  And  mandamus  will  lie  at  the  In- 
stance of  a  father  to  compel  the  admission  of  his  child  to  school. — Id. 

(62.)  §  4684.  SEC.  19.  The  district  board  may  admit  to 
the  district  school  non-resident  pupils,  and  may  determine  the 
rates  of  tuition  of  such  pupils  and  collect  the  same,  which 
tuition  shall  not  be  greater  than  fifteen  per  cent  more  than  the 
average  cost  per  capita  for  the  number  of  pupils  of  school  age 
in  the  district.  Children  who  are  being  cared  for  at  county 
expense  shall  be  admitted  to  the  school  in  the  district  whose 
schoolhouse  is  nearest  the  county  house,  on  the  same  terms 
that  other  non-resident  pupils  are  admitted.  When  noti-resi- 
dent  pupils,  their  parents  or  guardians,  pay  a  school  tax  in 
said  district,  such  pupils  shall  be  admitted  to  the  schools  of 
the  district,  and  the  amount  of  such  school  tax  shall  be  credit- 
ed on  their  tuition  a  sum  not  to  exceed  the  amount  of  such 
tuition,  and  they  shall  only  be  required  to  pay  tuition  for  the 
difference  therein. 

TUITION:  Before  any  action  can  be  maintained  for  the  tuition  of  non- 
resident pupils,  the  district  board  must  first  fix  and  determine  the  rate  of  tui- 
tion of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the  director 
in  the  records  of  the  district. — Thompson  v.  Sch.  Dist.,  25  /  483. 


MODERATOR. 


To  preside. 


Countersign 
orders,  etc. 


Duties.  (63.)     §  4685.     SEC.  20.     It  shall  be  the  duty  of  the  moder- 

ator of  each  school  district: 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis- 
trict and  of  the  board ; 

Second,  To  countersign  all  orders  legally  drawn  by  the 
director  upon  the  treasurer  for  moneys  to  be  disbursed  by  the 
district,  and  all  warrants  of  the  director  upon  the  township 
treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk; 

when  to  bring  Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 

Am.  1903,  Act  49. 

SECOND :  Countersigning  orders. — Wall  v.  Eastman,  1  /  268  ;  Sch.  Dist. 
v.  Mallary,  22  /  111.  The  moderator  has  the  right  to  satisfy  himself  that 
the  claim  for  which  the  order  was  drawn  is  a  valid  one. — Stockwell  v.  White 
Lake  Twp.  Bd.,  22/341;  People  v.  Bender,  36/195.  But  it  must  be  a  very 
plain  case  of  wrong,  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds. — People  v.  Bender,  36  / 197.  The  director  is  a 
proper  relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id. 

Where  an  order  purports  upon  its  face  to  be  issued  by  a  school  district,  and 
is  signed  by  the  school  officers  in  the  ordinary  place  for  signatures,  and  at 
the  left,  in  fine  print,  are  the  words,  "Issued  by  authority  of  the  officers 
of  said  district,  and  payment  guaranteed,"  and  a  space  left  underneath  for 
the  signatures  of  the  guarantors.  Held,  That  the  purchaser  took  the  order  sub- 
ject to  the  authority  of  the  school  district  to  issue.  That  such  school  officers 
are  not  liable  as  guarantors. — Bailey  v.  Tompkins,  127  /  74. 


GENERAL  SCHOOL  LAWS.  29 


DIRECTOR. 


(64.)     §  4686.     SEC.  21.     It  shall  be  the  duty  of  the  direct- 
or of  each  school  district : 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the  Director  to  be 
district  and  of  the  board ; 

Second,  To  record  the  proceedings  of  all  district  meetings,  TO  keep  and 
and  the  minutes  of  all  meetings,  orders,  resolutions,  and  other  Sfnutes. 
proceedings  of  the  board,  in  proper  record  books ; 

Third,  To  give  the  prescribed  notice  of  the  annual  district  TO  give  notice 
meeting,  and  of  all  such  special  meetings  as  he  shall  be  re-  ° 
quired  to  give  notice  of  in  accordance  with  the  provisions  of 
law; 

Fourth,  To  draw  and  sign  warrants  upon  the  township  treas-  TO  draw  and 

.       ,t\.        •..,..  LJ.          ,  sign  warrants 

urer  for  all  moneys  raised  for  district  purposes,  or  apportioned  and  orders. 
__  to  the  district  by  the  township  clerk,  payable  to  the  treasurer 
of  the  district,  and  orders  upon  the  treasurer  for  all  moneys 
to  be  disbursed  by  the  district  and  present  them  to  the  moder- 
ator, to  be  countersigned  by  that  officer.  Each  order  shall 
specify  the  object  for  which,  and  the  fund  from  which,  it  is 
drawn ; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when  TO  draw  and 
directed  by  the  district  board,  and  present  them  to  the  other S1{ 
members  of  the  board  for  further  signature ; 

Sixth,  To  provide  the  necessary  appendages  for  the  school-  TO  provide^ 
house  and  keep  the  same  in  good  condition  and  repair  during  and  keep 
the  time  school  shall  be  taught  therein.  Necessary  append- 
ages within  the  meaning  of  law  shall  consist  of  the  following 
articles,  to  wit:  A  set  of  wall  maps,  the  grand  divisions,  the 
United  States  and  Michigan,  not  exceeding  twelve  dollars  in 
price,  a  globe  not  exceeding  eight  dollars,  a  dictionary  not  ex- 
ceeding ten  dollars,  a  reading  chart  not  exceeding  five  dollars, 
and  a  case  for  library  books  not  exceeding  ten  dollars;  also 
a  looking-glass,  comb,  towel,  water  pail,  cup,  ash  pail,  poker, 
stove  shovel,  broom,  dust  pan,  duster,  wash  basin  and  soap; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in-  TO  keep 
curred  by  him  as  director,  and  such  accounts  shall  be  audited  ac 
by  the  moderator  and  treasurer,  and  on  their  written  order 
shall  be  paid  out  of  any  money  provided  for  the  purpose ; 

Eighth,  To  present  at  each  annual  meeting  an  estimate  of  To.present 
the  expenses  necessary  to  be  incurred  during  the  ensuing  year  expenses 
by  the  director  as  provided  by  law,  and  for  the  payment  of  the  2SS5? 
services  of  any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the  TO  preserve 
school  inspectors,  and  safely  preserve  and  keep  all  books,  pa-  other  doSf- 
pers  and  other  documents  belonging  to  the  office  of  director,  ments- 
or  to  the  district  when  not  otherwise  provided  for,  and  to  de- 
liver the  same  to  his  successor  in  office; 

Tenth,  To  perform  such  other  duties  as  are  or  shall  be  re-  other  duties, 
quired  of  the  director  by  law  or  the  district  board. 

Am.   1901,  Act  165. 


30  GENERAL  SCHOOL  LAWS. 

SECOND:  Proceedings  which  are  required  to  be  recorded  cannot  be  proved 
by  parol. — Thompson  v.  Sch.  Dist.,  25/488. 

FOURTH :  The  warrant  for  payment  by  the  treasurer  to  the  assessor  of 
moneys  belonging  to  the  district  is  an  official  order  for  the  transfer  of  funds, 
not  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named. — 
Fox  v.  Shipman,  19  /  218  ;  Burns  v.  Bender,  36  /  195.  See  Sch.  Dist.  v.  Mal- 
lary,  23  /  111 ;  Scvh.  Dist.  v.  Sch.  Dist.,  40  /  551.  The  duty  of  procuring  this 
transfer  of  district  moneys,  within  some  reasonable  time  is  not  discretionary, 
but  absolute,  upon  the  director,  and  the  moderator  is  bound  to  countersign  all 
orders  of  the  director  for  that  purpose. — Burns  v.  Bender,  36  / 197.  The 
township  treasurer  must  pay  so  much  of  the  money  in  his  hands  as  is  cov- 
ered by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district. — Bryant  v.  Moore,  50  /  225.  The  disbursement  of  all 
school  moneys  must  be  made  upon  orders  drawn  on  the  assessor  by  the  director, 
countersigned  by  the  moderator. — Burns  v.  Bender.  36  / 195 ;  Midland  Sch. 
Dist.  v.  Sch.  Dist,  40  /  551  ;  Sch.  Dist.  v.  Mallary,  23  /  111. 

SIXTH  :  See  section  43,  subd.  7.  See,  also,  Sch.  Dist.  v.  Snell,  24  /  350 ; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402.  Removal  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc.,  of  the  school- 
house  in  order  and  repair. — Twp.  Board  of  Hamtramck  v.  Holihan,  46  /  127. 

SEVENTH  :  Assumpsit  will  lie  in  favor  of  the  director  of  a  school  district 
on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass  upon 
the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist., 
100  /  332. 

EIGHTH  :  Trior  to  1859,  no  provisions  of  law  existed  for  paying  any  of 
the  officers  for  services  rendered. — Hinman  v.  Sch.  Dist.,  4  /  168. 

school-board        (^5  )     §  4(587.     gEC.  22.     It  shall  be  the  duty  of  all  school 

annual  census,  boards  and  boards  of  education  in  this  State  to  make  an  an- 
nual school  census  in  their  respective  districts  or  cities  as  is 
provided  in  this  section: 

When  taken.  First,  In  all  school  districts,  except  in  incorporated  cities 
having  a  population  of  three  thousand  or  over,  within  fifteen 
days  next  previous  to  the  first  Monday  in  June  of  each  year, 

who  to  make   the  director,  or  such  other  reputable  and  capable  person  or 
on"    persons  as  the  district  board  may  appoint,   shall  take  the 

Data  required,  school  census  of  the  district  and  make  a  list  in  writing  of 
the  names  and  ages  of  all  the  children  who  are  five  years  of 
age,  and  under  twenty  years  of  age,  whose  parents  or  legal 
guardians  reside  therein,  the  names  of  said  parents  or  guard- 
ians, giving  street  and  residence  number  in  villages  and  cities, 
in  such  form  as  the  Superintendent  of  Public  Instruction  may 
prescribe,  and  said  list  shall  be  verified  by  the  oath  or  affirma- 
tion of  the  person  taking  such  census,  by  affidavit  appended 
thereto  or  indorsed  thereon,  setting  forth  that  it  is  a  correct 
list  of  the  names  of  all  the  children  between  the  ages  afore- 
said residing  in  the  district.  Said  affidavit  may  be  made 
before  the  township  clerk  or  other  officer  authorized  by  law 

returned  *°  *ake  acknowledgments;  and  said  verified  census  list  shall 
be  returned  with  the  annual  report  of  the  director  to  the 
township  clerk  before  the  first  Monday  in  August  thereafter. 

compensation.  The  director,  or  other  person  employed  by  the  board  of  edu- 
cation, may  receive  as  compensation  for  taking  said  census, 
such  sum  as  the  school  board  may  direct,  not  exceeding  one 
hundred  dollars. 

in  cities,  who       Second,  In  all  incorporated  cities  or  special  legislative  dis- 

census?etc.  trict  having  a  population  of  three  thousand  or  over,  within 
twenty  days  next  previous  to  the  first  Monday  in  June  of 
each  year,  the  secretary  of  the  board  of  education,  or  other 
reputable  and  capable  person  or  persons  employed  by  the 


GENERAL  SCHOOL  LAWS.  31 

board  of  education,  shall  take  the  school  census  of  such  city 
as  folows: 

(a)  The  census  shall  be  taken  and  reported  by  wards.       Taken  by 

(b)  Each  enumerator  shall  make  a  list  in  writing  of  the  Data  required. 
names  and  ages  of  all  children  who  are  five  years  of  age  and 

under  twenty  years  of  age,  whose  parents  or  legal  guardians 
reside  in  the  ward  or  portion  of  the  ward  allotted  to  said 
enumerator,  together  with  the  names  of  said  parents  or  legal 
guardians,  giving  the  street  and  residence  number  in  each 
case,  said  li.st  to  be  in  such  form  as  the  Superintendent  of 
Public  Instruction  may  prescribe,  and  it  shall  be  verified  by  List  verified. 
the  oath  or  affirmation  of  the  person  making  the  same,  by 
affidavit  appended  thereto  or  indorsed  thereon,  setting  forth 
that  it  is  a  correct  list  of  the  parents  or  legal  guardians,  their 
stfeet  and  residence  number,  the  names  and  ages  of  all  the 
children  between  the  ages  aforesaid  residing  in  the  ward  or 
part  thereof  as  allotted  to  him. 

Third.  In  taking  the  census  in  any  school  district  or  city,  certain 
the  director  or  enumerators  shall  not  include  in  the  census  fnciuded!101 
the  names  of  any  child  or  children  in  reformatories  or  pris- 
ons ;  nor  the  names  of  any  child  or  children  in  asylums,  alms- 
houses,  or  other  charitable  institutions,  except  as  follows: 

(a)  Children   in   such   institutions   who  regularly  attend  Exceptions, 
the  public  schools. 

(b)  Orphans  whose  parents  at  the  time  of  death  resided 
in  such  school  district  or  city. 

Children  of  either  class  shall  be  included  in  the  district 
or  ward  where  such  institution  is  located,  except  children  in 
class  (a)  where  the  parents,  or  either  of  them,  reside  in  the  Legal 
city  or  district,  and  in  such  cases  the  legal  residence  of  there 
child  is  that  of  the  parent.     Indian  children  shall  not  be  in-  Indian 
eluded  in  any  census,  unless  they  attend  the  public  school  chlldren- 
or  their  parents  are  liable  to  pay  taxes  in  the  district  or 
city.     Domestics,  bell  boys  and  other  servants,  if  entitled  to  Domestics, 
be  included  in  the  census,  must  be  recorded  at  the  residence  of  e 
their  parents  or  legal  guardians. 

Fourth,  In  cities  having  a  population  of  three  thousand  cities, when 
or  over,  the  secretary  of  the  board  of  education  and  the  sev-ptied!sc 
eral  enumerators  shall,  immediately  after  the  first  Monday 
in  June  in  each  year,  compare,  correct  and  compile  the  entire 
census.     The  said  secretary  of  the  board  of  education  shall  ^SSury  °£ 
then  attach  thereto  his  affidavit  that  the  several  enumerators 
were  duly  employed  by  the  board  of  education  and  that  said 
census  has  been  properly  compared,  corrected  and  compiled; 
and  forthwith,  and  before  the  second  Monday  in  July  there-  when  trans- 
after ,  transmit  to  the  Superintendent  of  Public  Instruction  snpt!  Public 
the  entire  census,  together  with  his  affidavit  and  the  affidavits  Inst* 
of  the  several  enumerators,  and  at  the  same  time  he  shall 
transmit  to  said   superintendent  the  annual   statistical  and 
financial  report  of  snid  city  or  district. 

V.IM      l!">u.';,     \i-\_    L'J.S;     100."),    Ai-t.    ,';»', 


32 


GENERAL  SCHOOL  LAWS. 


Penalty  for 
giving  false 
information 
for  school 
census. 


Report  to 
school  inspec- 
tors, what  to 
contain. 


Where 
director  of 
fractional 
district  to 
report. 


(66.)  §  4688.  SEC.  22a.  Any  person  who  shall  refuse  to 
give  any  census  enumerator  of  school  children  the  necessary 
information  for  the  compiling  of  a  correct  census  or  who  shall 
intentionally  give  to  such  enumerator  any  false  information 
as  to  the  names  or  ages  of  school  children  or  as  to  the  names 
or  residence  of  the  parents  or  guardians  of  any  school  children, 
or  any  school  census  enumerator  who  shall  perform  his  duties 
carelessly  or  negligently  or  shall  include  in  the  list  of  names 
of  school  children  any  children  who  are  not  actually  residents 
of  the  city  or  district,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  in  a  court  of  competent  jurisdiction, 
shall  be  liable  to  a  fine  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars,  or  to  imprisonment  in  the  county  jail  for 
not  more  than  twenty  days,  or  both  such  fine  aud  imprison- 
ment in  the  discretion  of  the  court. 

Am.  1905,  Act  208. 

(67.)  §  4689.  SEC.  23.  The  director  shall  dlso,  at  1he 
end  of  the  school  year,  and  previous  to  the  first  Monday  in 
August  in  each  year,  deliver  to  the  township  clerk,  to  be  filed 
in  his  office,  a  report  to  the  board  of  school  inspectors  of  the 
township,  showing: 

First,  The  whole  number  of  children  belonging  to  the  dis- 
trict between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  under 
five,  and  also  the  number  over  twenty  years  of  age ; 

Third,  The  number  of  non-resident  pupils  of  the  district 
that  have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  dur- 
ing the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  qualified  teacher,  the  name  of  «ach  teacher, 
the  length  of  time  taught  by  each,  and  the  wages  paid  to 
each; 

Sixth,  The  average  length  of  time  scholars  between  five 
and  twenty  years  of  age  have  attended  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk ; 

Eighth,  The  amount  of  money  raised  by  the  district,  and 
the  purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school ; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  Superintendent  of 
Public  Instruction  shall  direct. 

Am.  1905,  Act  36. 

(68.)  §  4690.  SEC.  24.  The  director  of  each  fractional 
district  shall  make  his  annual  report  to  the  clerk  of  the  town- 
ship in  which  the  schoolhouse  is  situated,  and  shall  also  re- 
port to  the  clerk  of  each  township  in  which  the  district  is  in 


GENERAL  SCHOOL  LAWS.  33 

part  situated,  the  number  of  children  between  the  ages  of  five 
and  twenty  years  in  that  part  of  the  district  lying  in  such 
township. 

TREASURER. 

(69.)     §  4691.     SEC.  25.     It  shall  be  the  duty  of  the  treas- 
urer of  each  school  district: 

First,  To  execute  to  the  district  and  file  with  the  director  TO  give  bond, 
within  ten  days  after  his  election  or  appointment,  a  bond  in 
double  the  amount  of  money  to  come  into  his  hands  as  such 
treasurer  during  his  term  of  office,  as  near  as  the  same  can  be 
ascertained,  with  two  sufficient  sureties,  who  shall  be  residents 
of  the  same  county,  and  each  of  whom  shall  be  required  to 
justify  under  affidavit,  to  the  amount  of  said  bond  unless  the 
treasurer  shall  furnish  a  bond  of  some  surety  company  au- 
thorized to  do  business  in  this  State,  to  be  approved  by  the  HOW 
moderator  and  director,  conditioned  for  the  faithful  applica-  aPProved- 
tion  of  all  moneys  that  shall  come  into  his  hands  by  virtue  of 
his  office,  and  to  perform  all  the  duties  of  his  said  office  as  re- 
quired by  the  provisions  of  this  act.   Said  bond  shall  be  filed  where  filed. 
with  the  director,  and  none  of  the  books  or  money  of  the  dis- 
trict shall  be  placed  in  the  hands  of  the  treasurer  until  his 
bond  has  been  filed,  and  in  case  of  any  breach  of  the  condition  when  suit 
thereof,  the  moderator  shall  cause  a  suit  to  be  commenced  blight  on. 
thereon  in  the  name  of  the  district,  and  any  moneys  collected 
thereon  shall  be  paid  into  the  township  treasury,  subject  to 
the  order  of  the  district  officers,  and  shall  be  applied  to  the 
same  purposes  as  the  moneys  lost  should  have  been  applied 
by  the  treasurer; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully  TO  pay  orders. 
drawn  and  countersigned  by  the  moderator,  out  of  any  moneys 
in  his  hands  belonging  to  the  fund  upon  which  such  orders 
may  be  drawn ; 

Third,  To  keep  a  book  in  which  all  the  moneys  received  and  TO  keep 
disbursed  shall  be  entered,  the  sources  from  which  the  same  ac 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Fourth,  To  present  to  the  district  board  at  the  close  of  the  TO  make 
school  year  a  report  in  writing,  containing  a  statement  of  all  ar 
moneys  received  during  the  preceding  year,  and  of  each  item 
of  disbursements  made,  and  exhibit  the  voucher  therefor; 

Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all  TO  appear 
suits  brought  by  or  against  the  same,  when  no  other  direc-  i£rsuits?c 
tions  shall  be  given  by  the  qualified  voters  in  district  meeting, 
except  in  suits  in  which  he  is  interested  adversely  to  the  dis- 
trict, and  in  all  such  cases,  the  moderator  shall  appear  for 
such  district,  if  no  other  direction  be  given,  as  aforesaid; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the  TO  deliver 
district  board,  and  deliver  to  his  successor  in  office  all  books,  successor.0"  tc 
vouchers,    orders,   documents   and   papers   belonging   to   the 
5 


34 


GENERAL  SCHOOL  LAWS. 


office  of  treasurer,  together  with  all  district  moneys  remainin<>- 
on  hand; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be 
by  law  required  of  the  treasurer. 

Am.  1901.  Acts  62,  165;  1903,  Acts  21,  49. 

:  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his 
d  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  be 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  chargeable 
with  notice  of  such  facts  and  is  liable  to  an  action  for  money  had  and  re- 
ceived as  well  as  action  on  his  bond. — Mason  v.  Sch.  Dist  34/^28  See 
Welch  v.  Frost,  1/30:  also,  Bryant  v.  Moore,  50/225 

SECOND:  See  Section  63,  subd.  2,  and  Section  64,  subd.  4,  and 
notes.  The  assessor  is  the  disbursing  officer  of  the  district.— Sch.  Dist  v 
Ma llary,  23/111.  He  is  the  lawful  treasurer  and  depositary  of  school  d's- 
Trict  funds  and  all  moneys  must  pass  through  his  hands  and  be  paid  out  bv 
him  on  proper  orders.— Sch.  Dist.  v.  Sch.  Dist.,  40/551.  Moneys  in  the 
hands  of  the  township  treasurer  belonging  to  a  school  district  cannot  be  ap- 
plied to  any  district  purpose,  except  through  the  hands  of  the  assessor. — 
Burns  v.  Bender.  36/198.  An  assessor  cannot  pay  out  any  money  lawfully 
without  a  warrant. — Td.  Interest  is  not  payable  on  school  district  orders  if 
no  authority  has  been  given  to  impose  it. — Turnbull  v.  Sch.  Dist..  45/490. 
But  interest  mav  be  allowed  from  demand  when  mandamus  is  granted  for 
payment,  when  its  claim  is  such  a  settled  demand  as  would  sustain  a  re- 
covery of  interest  at  law. — Martin  v.  Tripp,  51  /  184.  Mandnmus  lies  to  com- 
pel a  district  to  pay  or  provide  for  the  payment  of  its  orders.— Turnbull  v. 
Sch.  Dist.,  45/496.  And  to  compel  an  assessor  to  pay  a  school  order,  where 
the  court  is  satisfipd  that  there  is  no  valid  defense. — Martin  v.  Tripp,  51  /1 84. 
A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  application  for 
mandamus  to  require  an  assessor  to  pay  a  warrant  drawn  on  him. — Allen  v. 
Frink.  32/96. 

FIFTH  :  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor,  when  no  other  direction  is  given  in  district  meeting :  the  moderator 
and  director,  though  constituting  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  voters, 
as  such,  cannot  interfere. — Sch.  Dist.  v.  Wing,  30/351.  See  Benalleck  v. 
People,  31  /  204.  An  appeal  taken  in  the'  name  of  the  district  without  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void. — Id.  Whether  he 
is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the  director's 
warrants,  see  Burns  v.  Bender,  36  / 197. 

SIXTH :  Deposits  in  a  Bank :  Where  money  belonging  to  a  board  of 
education  or  a  school  district  is  deposited  in  a  bank  with  the  knowledge  of 
the  board  and  the  district  receives  interest  thereon,  the  district  does  not  be- 
come a  preferred  creditor  upon  failure  of  bank. — Bd.  of  Ed.  City  of  Detroit 
v.  Union  Trust  Co.  N.  W.  Rep.,  99  /  373. 


CHAPTER  IV. 


TOWNSHIP  OFFICERS TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS. 


Township 
board  school 
inspectors. 

Meeting  and 
organization 
of. 


Chairman  of 
board  to  be 
treasurer. 
To  giye  bond, 


(70.)  §  4692.  SECTION  1.  The  school  inspectors  of  each 
township,  together  with  the  township  clerk,  shall  constitute 
the  township  board  of  school  inspectors.  Said  board  shall 
meet  at  the  office  of  the  township  clerk  within  twenty  days 
after  the  first  Monday  of  April  in  each  year,  and  elect  one  of 
their  number  other  than  the  township  clerk  chairman  of  said 
board,  and  the  township  clerk  shall  be  the  clerk  thereof. 

(71.)  §  4693.  SEC.  2.  The  chairman  of  said  board  shall 
be  the  treasurer  thereof,  and  shall  give  bond  to  the  township 
in  double  the  amount  of  moneys  to  come  into  his  hands  during 
his  term  of  office,  as  near  as  the  same  can  be  ascertained,  with 
two  sufficient  sureties,  to  be  approved  by  the  township  clerk, 
conditioned  for  the  faithful  appropriation  of  all  moneys  that 


GENERAL  SCHOOL  LAWS.  35 


may  come  into  his  hands  by  virtue  of  his  office.     Said  bond  Bond  to  be 
shall  be  filed  with  the  township  clerk,  and  in  case  of  the  non-  fi 
fulfillment  thereof,  said  clerk  shall  cause  a  suit  to  be  com-  when  suit  to 
menced  thereon,  and  the  moneys  collected  in  such  suit  shall  thereonfht 
be  paid  into  the  township  treasury,  and  shall  be  applied  to 
the  same  purposes  as  the  moneys  lost  should  have  been  ap- 
plied by  said  treasurer  of  the  board  of  school  inspectors. 

The  treasurer  of  the  board  of  school  inspectors,  and  not  the  township  treas- 
urer, is  the  proper  custodian  of  the  township  library  money ;  and  the  latter 
officer,  on  proper  demand,  is  bound  to  pay  it  over  to  the  former  and  is  not 
entitled  to  hold  it  until  drawn  by  the  inspectors  as  needed  for  specific  appro- 
priations. Mandamus  will  lie  to  enforce  the  performance  of  this  duty. — Mc- 
Tharlin  v.  Mahoney,  30/100.  See  Burns  v.  Bender,  30/105. 

(72.)      §  4694.     SBC.  3.     On  the  first  Monday  in  August  in  inspectors 
year  the  inspectors  shall  make  triplicate  reports  setting- 


forth  the  whole  number  of  districts  in  their  townships,  thewha*.to 
amount  of  money  raised  and  received  for  township  and  district 
libraries,  and  such  other  items  as  shall  from  year  to  year  be 
required  by  the  Superintendent  of  Public  Instruction,  together 
with  the  several  particulars  set  forth  in  the  reports  of  the 
several  directors  for  the  preceding  year;   and  the  township  Township 
clerk  shall,  within  ten  days  thereafter,  forward  two  copies  clerk,  to 
of  the  same,  together  with  a  copy  of  each  of  the  school  di-  copiS1 1 
rectors'  reports,  to  the  county  commissioner  of  schools,  and 
file  the  other  copy  in  his  office:  Provided,  That  in  township  froviso,  as  to 
districts  where  the  board  of  education  is  by  law  made  a  board  education. 
of  school  inspectors,  said  board  shall  meet  on  said  first  Mon- 
day in  August  and  make  the  same  reports  to  the  Superin- 
tendent of  Public  Instruction,  as  are  required  of  school  in- 
spectors in  this  section. 

Am.  1905,  Act  36. 

(73.)     §  4605.     SEC.  4.     It  shall  be  the  duty  of  the  school  inspectors  to 
inspectors,  before  making  their  annual  report,  as  required  by  of  aSSfied* 
the  preceding  section,  to  examine  the  list  of  legally  qualified  teachers- 
teachers  on  file  in  the  office  of  the  township  clerk,  and  if  in  any 
school  district  a  school  shall  not  have  been  taught  for  the  time 
required  by  law  during  the  preceding  school  year  by  a  legally 
qualified  teacher,  no  part  of  the  public  money  shall  be  dis- 
tributed to  such  district,  although  the  report  from  such  dis-  TO  report 
trict  shall  set  forth  that  a  school  has  been  so  taught ;  and  it  emp^yinT 
shall  be  the  duty  of  the  board  to  certify  to  the  facts  in  rela- such- 
tion  to  any  such  district  in  their  annual  report. 

(74.)    §  46D6.    SEC.  5.    It  shall  be  the  duty  of  the  board  of  inspectors  to 
inspectors  to  render  to  the  township  board,  on  the  Tuesday  3Snft£°" 
next  preceding  the  annual  township  meeting,  a  full  and  true  *££&** 
account  of  all  moneys  received  and  disbursed  by  them  as  such 
inspectors  during  the  year,  which  account  shall  be  settled  by 
said  township  board,  and  such  disbursements  allowed,  if  the 
proper  vouchers  are  presented. 

(75.)     §  4697.     SEC.  6.     The  whole  number  of  meetings  of  Number  of 
the  township  board  of  school  inspectors  at  the  expense  of  the  S 


36 


GENERAL  SCHOOL  LAWS. 


township,  during  any  one  school  year,  shall  not  exceed  eight; 
but  this  shall  not  be  construed  to  prevent  said  board  holding 
further  meetings  in  case  of  necessity,  provided  no  expense  to 
the  township  be  incurred. 


Notice  of  meeting,  see  Section  31. 


Township 
clerk  to  be 
clerk  of  board 
of  inspectors. 


Duties  as  such. 


TOWNSHIP  CLERK. 

(76.)  §  4008.  SEC.  7.  The  township  clerk  shall  be  the 
clerk  of  the  board  of  school  inspectors  by  virtue  of  his  office, 
and  shall  attend  all  meetings  of  said  board,  and,  under  their 
direction,  prepare  all  their  reports  and  record  the  same,  and 
shall  record  all  their  proceedings.  He  shall  also  receive  and 
keep  all  reports  to  inspectors  from  the  directors  of  the  several 
school  districts  in  his  township,  and  all  the  books  and  papers 
belonging  to  the  inspectors,  and  file  such  papers  in  his  office; 
and  he  shall  receive  all  such  communications,  blanks,  and  docu- 
ments as  may  be  transmitted  to  him  by  the  Superintendent 
of  Public  Instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(77.)  §  4699.  SEC.  8.  It  shall  be  the  duty  of  the  town- 
ship clerk  annually,  immediately  after  the  organization  of  the 
board  of  school  inspectors  of  his  township,  to  transmit  to  the 
county  clerk  a  certified  statement  of  the  name  and  post-office 
address  of  the  chairman  of  said  board,  and  in  case  there  shall 
be  a  change  in  such  chairman,  during  the  year,  he  shall  imme- 
diately notify  the  county  clerk  of  such  change. 

(78.)  §  4700.  SEC.  9.  Each  township  clerk  shall  cause  a 
map  to  be  made  of  his  township,  showing  by  distinct  lines 
thereon  the  boundaries  of  each  school  district,  and  parts  of 
school  districts  therein,  and  shall  regularly  number  the  same 
thereon  as  established  by  the  inspectors.  One  copy  of  such 
map  shall  be  filed  by  the  said  clerk  in  his  office,  and  one  other 
copy  he  shall  file  with  the  supervisor  of  the  township;  and 
within  one  month  after  any  division  or  alteration  of  a  district, 
or  the  organization  of  a  new  one  in  his  township,  the  said 
clerk  shall  file  a  new  map  and  copy  thereof  as  aforesaid,  show- 
ing the  same. 

That  certain  lands  are  within  a  particular  school  district  may  be  shown 
by  parol,  without  producing  maps,  plats  or  documents. — Brooks  v.  Fairchild, 
36  /  234. 

TO  report  to  (79.)  §  4701.  SEC.  10.  It  shall  be  the  duty  of  the  town- 
schooitsaxresa11  sniP  clerk  of  eacn  township,  on  or  before  the  first  day  of  Octo- 
ber of  each  year,  to  make  and  deliver  to  the  supervisor  of  his 
township  a  certified  copy  of  all  statements  on  file  in  his  office 
of  moneys  proposed  to  be  raised  by  taxation  in  each  of  the  sev- 
eral school  districts  of  the  township  for  school  purposes.  He 
shall  also  certify  to  the  supervisor  the  amount  to  be  assessed 
upon  the  taxable  property  of  any  school  district  retaining 
the  district  school-house  or  other  property,  on  the  division  ^of 
the  district,  as  the  same  shall  have  been  determined  by  the  in- 


To  notify 
county  clerk 
of  chairman 
of  board  of 
inspectors. 


To  make  map 
of  districts. 


Where  map 
to  be  filed. 

When  new 
map  to  be 
made. 


GENERAL  SCHOOL  LAWS.  37 

specters,  and  he  shall  also  certify  the  same  to  the  director  of 
such  district,  and  to  the  director  of  the  district  entitled 
thereto. 

(80.)     §  4702.     SEC.  11.    On    receiving    notice    from    the  TO  apportion 
county  treasurer  of  the  amount  of  school  moneys  apportioned  8 

to  his  township  the  township  clerk  shall  apportion  the  same 
amount  to  the  several  districts  therein  entitled  to  the  same  in 
proportion  to  the  number  of  children  in  each  between  the  ages 
of  five  and  twenty  years,  as  the  same  shall  be  shown  by  the  an- 
nual report  of  the  director  of  each  district  for  the  school  year 
closing  prior  to  the  May  apportionment. 

Apportionment  by  superintendent  of  public  instruction. — Moiles  v.  Watson, 
60  /  415. 

(81.)     §  4703.     SEC.  12.     Said   clerk   shall   also  apportion  TO  apportion 
to  the  school  districts  in  his  township,  as  required  by  law,  on  sc 
receiving  notice  of  the  amount  from  the  township  treasurer,  all 
moneys  raised  by  township  tax,  or  received  from  other  sources, 
for  the  support  of  schools ;  and  in  all  cases  make  out  and  de-  statement  to 
liver  to  the  township  treasurer  a  written  statement  of  the  num-  treasure?. 
ber  of  children  in  each  district  drawing  money,  and  the  amount 
apportioned  to  each  district,  and  record  the  apportionment  in 
his  office ;  and  whenever  an  apportionment  of  the  primary  TO  notify 
school  interest  fund,  or  moneys  raised  by  tax,  or  received  Jjjj^nt8  °f 
from  other  sources,  is  made,  he  shall  give  notice  of  the  amount  apportioned 
to  be  received  by  each  district  to  the  director  thereof. 

• 

TOWNSHIP  SUPERVISOR  AND  TREASURER. 

(82.)     §  4704.     SEC.  13.     It  shall  be  the  duty  of  the  super-  Assessment 
visor  of  the  township  to  assess  the  taxes  voted  by  every  school 
district  in  his  township,  and  also  all  other  taxes  provided  for  taxes- 
in  this  act,  chargeable  against  such  district  or  township,  upon 
the  taxable  property  of  the  district  or  township  respectively, 
and  to  place  the  same  on  the  township  assessment  roll  ia  the 
column  for  school  taxes,  and  the  same  shall  be  collected  and 
returned  by  the  township  treasurer  in  the  same  manner  and 
for  the  same  compensation  as  township  taxes.     If  any  taxes  Taxes  not 
provided  for  by  law  for  school  purposes  shall  fail  to  be  as- 
sessed  at  the  proper  time,  the  same  shall  be  assessed  in  the 
succeeding  year. 

FAILURE  TO  ASSESS:  The  provision  in  the  last  clause  of  this  section 
applies  to  a  case  where  school  taxes  are  not  certified  by  the  board  to  the 
township  clerk  in  time  for  certification  to  the  supervisor  for  assessment. — 
Wilcox  v.  Eagle  Twp.,  81  /  271.  See  Union  Sch.  Dist.  v.  Parris,  97  /  596. 

(83.)     SEC.  14.    The  supervisor  shall  also  assess  upon  the  Assessment  of 
taxable  property  of  his  township,  one  mill  upon  each  dollar  °r 
of  the  valuation  thereof  in  each  year,  and  report  the  aggregate 
valuation  of  each  district  to  the  township  clerk,  who  shall  re- 
port said  amount  to  the  director  of  each  school  district  in  his 
township,  Qr  to  the  director  of  any  fractional  school  district 


GENERAL  SCHOOL  LAWS. 


Proviso. 
When  assess- 
ment not  to  be 
made. 


Moneys 
apportioned 
by  town  clerk. 


In  townships 
where  no 
districts  are 
formed. 


a  portion  of  which  may  be  located  in  said  township  before  the 
first  day  of  September  of  each  year:  Provided,  That  before 
the  supervisor  shall  assess  said  tax  he  shall  examine  the  re- 
ports of  the  several  school  districts  in  his  township  for  the 
preceding  year  and  if  said  reports  show,  exclusive  of  funds 
raised  for  building  purposes,  a  balance  on  hand  in  any  district 
of  a  sum  equal  to  or  in  excess  of  the  amount  paid  for  teachers' 
wages  in  said  district  during  the  preceding  year,  then  said  su- 
pervisor shall  not  assess  the  one-mill  tax  upon  the  property  of 
such  district  for  the  ensuing  year.  All  moneys  raised  by  one- 
mill  tax  shall  be  apportioned  by  the  township  clerk  to  the  dis- 
trict in  which  it  was  raised,  and  all  moneys  collected  by  virtue 
of  this  act  during  the  year,  on  any  property  not  included  in 
any  organized  district,  or  in  districts  which  have  not  main- 
tained school  for  the  required  period  during  the  previous  year, 
shall  be  apportioned  to  the  several  other  school  districts  of 
said  township  that  did  maintain  school,  in  the  same  manner 
as  the  primary  school  interest  fund  is  now  apportioned.  All 
moneys  accruing  from  the  one-mill  tax  upon  the  property  of 
any  district  in  any  township  before  said  district  shall  have 
a  legal  school  therein,  shall  belong  to  the  district  in  which  it 
was  raised  when  such  district  shall  have  maintained  school 
for  the  required  period  by  a  qualified  teacher. 

Am.  1905,  Act  16. 

See    Saginaw    Twp.    v.    Saginaw,    9  /  541 ;    Twp.    of    Deerfleld    v.    Harper, 
115  /  678. 

when  district  (84.)  §  4706.  SEC.  15.  The  amount  to  be  assessed  upon 
certa?ndteaxes  the  taxable  property  of  any  school  district  retaining  the  school- 
to  be  assessed,  house  or  other  property,  on  the  division  of  a  district,  as  the 
same  shall  have  been  determined  by  the  inspectors,  shall  be 
assessed  by  the  supervisor  in  the  same  manner  as  if  the  same 
had  been  authorized  by  a  vote  of  such  district ;  and  the  money 
so  assessed  shall  be  placed  to  the  credit  of  the  taxable  prop- 
erty taken  from  the  former  district,  and  shall  be  in  reduction 
of  any  tax  imposed  in  the  new  district  on  said  taxable  prop- 
erty for  school  district  purposes:  Provided,  That  if  the  dis- 
trict retaining  the  schoolhouse  shall  vote  to  pay,  and  shall 
pay,  before  said  taxes  are  assessed,  any  portion  of  said  amount 
to  the  new  district,  said  amount,  as  shall  be  certified  by  the 
moderator  and  director  of  the  new  district  to  the  supervisor, 
shall  be  deducted  from  the  amount  to  be  assessed  as  provided 
in  this  section.  When  collected,  such  amount  shall  be  paid 
over  to  the  treasurer  of  the  new  district,  to  be  applied  to  the 
use  thereof  in  the  same  manner,  under  the  direction  of  its 
proper  officers,  as  if  such  sum  had  been  voted  and  raised  by 
said  district  for  building  a  schoolhouse  or  other  district  pur- 
poses. 


Proviso. 


How  such 
taxes  to  be 
applied. 


Am.   1901,  Act  165. 

NEW  DISTRICT:  The  money  when  collected,  must  be  paid  to  the  assessor 
of  the  new  district ;  and  if  wrongfully  paid  to  the  old  one,  the  new  district 
may  maintain  -an  action  for  money,  had  and  received,  against  the  old  dis- 
trict.—Sch.  Dist.  v.  Sch.  Dist,  40/551.  » 


GENERAL  SCHOOL  LAWS.  39 


(85.)  §  4707.  SEC.  16.  The  full  amount  of  all  taxes  to  Taxes  in 
be  levied  upon  the  taxable  property  in  a  fractional  school  dis-  Ss?ri*ctsal 
trict  shall  be  certified  by  the  district  board  to  the  township 
clerk  of  each  township  in  which  such  district  is  in  part  sit- 
uated, and  by  such  township  clerks  to  the  supervisors  of  their 
respective  townships,  and  it  shall  be  the  duty  of  each  of  said 
supervisors  to  certify  to  each  o{her  supervisor  interested,  the 
amount  of  taxable  property  in  that  part  of  the  district  lying  in 
his  township :  Provided,  That  when  there  exists  a  manifest  Proviso, 
difference  in  the  valuation  of  property  assessed  in  fractional 
districts,  composed  of  territory  in  adjoining  townships  or 
counties,  such  valuation  shall  be  equalized  for  this  specific  pur- 
pose by  the  supervisors  of  the  townships  interested  at  a  joint 
meeting  held  for  that  purpose,  on  application  of  either  of  the 
supervisors  of  said  townships.  And  such  supervisors  shall  re- 
spectively ascertain  the  proportion  of  such  taxes,  including 
mill  tax,  to  be  placed  on  their  respective  assessment  rolls,  ac- 
cording to  the  amount  of  taxable  property  in  each  part  of  such 
district.  And  if  said  supervisors  cannot  agree  as  to  the  pro-  in  cases  of 
portion  of  such  taxes  to  be  placed  on  their  respective  assess-  ofSsupeerv^ofs. 
ment  rolls,  a  supervisor  from  an  adjoining  township  shall  be 
called  to  meet  with  said  supervisors  in  said  fractional  district 
and  assist  in  equalizing  said  valuation.  Said  supervisor  to  be 
paid  at  the  rate  of  three  dollars  per  diem  for  the  time  neces- 
sarily employed  in  attendance  at  such  meeting  of  the  super- 
visors, and  all  necessary  traveling  expenses,  by  the  townships 
in  interest. 

(86.)     §  4708.     SEC.  17.    The  supervisor,  on  delivery  of  the  statement  to 
warrant  for  the  collection  of  taxes  to  the  township  treasurer,  {Surer. 
shall  also  deliver  to  said  treasurer  a  written  statement  of  the 
amount  of  school  and  library  taxes,  the  amount  raised  for  dis- 
trict purposes  on  the  taxable  property  of  each  district  in  the 
township,  the  amount  belonging  to  any  new  district  on  the 
division  of  the  former  district,  and  the  names  of-  all  persons 
having  judgments  assessed  under  the  provisions  of  this  act 
upon  the  taxable  property  of  any  district,  with  the  amount 
payable  to  such  person  on  account  thereof. 

(87.)     §  4709.     SEC.  18.     The  supervisor  of  each  township,  statement  to 
on  the  delivery  of  the  warrant  for  the  collection  of  taxes  to  the  {Sure?  of 
township  treasurer,  shall  also  deliver  to  said  treasurer  a  writ-  ?n^~"j"^  tax 
ten  statement,  certified  by  him,  of  the  amount  of  the  one-mill  fractional 
tax  levied  upon  any  property  lying  within  the  bounds  of  a  frac-  d 
tional  school  district,  a  part  of  which  is  situate  within  his 
township,  and  the  returns  of  which  are  made  to  the  clerk  of 
some  other  township;  and  the  said  township  treasurer  shall 
pay  to  the  township  treasurer  of  such  other  township  the 
amount  of  the  taxes  so  levied  and  certified  to  him  for  the  use 
of  such  fractional  school  district. 

(88.)  §  4710.  SEC.  19.  Whenever  any  portion  of  a  school  collection  and 
district  shall  be  set  off  and  annexed  to  any  other  district,  or  ment  oTtaxes 
organized  into  a  new  one,  .after  a  tax  for  district  purposes  d?stricLSi°n  °f 


40 


GENERAL  SCHOOL  LAWS. 


School  taxes, 
when  paid. 


other  than  the  payment  of  any  debts  of  the  district  shall  have 
been  levied  upon  the  taxable  property  thereof,  but  not  col- 
lected, such  tax  shall  be  collected  in  the  same  manner  as  if  no 
part  of  such  district  had  been  set  off,  and  the  said  former  dis- 
trict, and  the  district  to  which  the  portion  so  set  off  may  be 
annexed  or  the  new  district  organized  from  such  portion,  shall 
each  be  entitled  to  such  proportion  of  said  tax  as  the  amount 
of  taxable  property  in  each  part  thereof  bears  to  the  whole 
amount  of  taxable  property  on  which  such  tax  is  levied. 

See  Section  36  and  notes. 

(89.)  §  4711.  SEC.  20.  The  township  treasurer  shall  re- 
tain in  his  hands,  out  of  the  moneys  collected  by  him,  after 
deducting  the  amount  of  tax  for  township  expenses,  the  full 
amount  of  the  school  taxes  on  the  assessment  roll,  and  hold 
the  same  subject  to  the  warrant  of  the  proper  district  officers, 
to  the  order  of  the  school  inspectors,  or  of  the  persons  entitled 
thereto,  and  give  a  written  notice  to  the  township  clerk  of  the 
amount. 

SCHOOL  TAXES :  The  township  treasurer  has  no  right  to  receive  for 
school  moneys  anything  which  the  law  has  not  authorized  to  be  received. 
If  he  does  so  and  receipts  for  the  taxes,  he  must  make  good  the  amount. — 
Jones  v.  Wright,  34  /  372 ;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  554.  See  Elliott  v. 
Miller,  8  /  132,  and  notes  to  Section  2353.  The  liability  of  a  township  treas- 
urer for  school  moneys  is  distinct  from  his  ordinary  liability  for  township 
moneys,  and  it  cannot  be  released  or  in  any  way  affected  by  the  action  of 
the  township  board.— Jones  v.  Wright,  34  /  372.  As  to  the  custody,  etc.,  of 
school  district  moneys,  see  notes  to  Section  64,  subd.  4 ;  Section  69,  subd. 
1,  2, ;  and  Section  72. 

Liab.  of  township  to  Sch.  Dist.,  Sec.  3914,  C.  L.,  provides  that  all  losses 
that  may  be  sustained  by  the  default  of  any  township  officer  in  the  discharge 
of  any  duty  imposed  by  the  act  shall  be  chargeable  to  the  township.  The  act 
charges  the  township  treasurer  with  the  duty  of  collecting  and  paying  over 
all  school  district  taxes.  Held,  that  a  township  is  liable  to  a  school  district 
for  school  moneys  lost  through  the  defalcation  of  the  township  treasurer. — 
Smith  v.  Jones,  99  N.  W.  Rep.  742. 

(90.)  §  4712.  SEC.  21.  The  township  treasurer  shall, 
from  time  to  time,  apply  to  the  county  treasurer  for  all  school 
and  library  moneys  belonging  to  his  township,  or  the  districts 
thereof ;  and  on  receipt  of  the  moneys  to  be  apportioned  to  the 
districts,  he  shall  notify  the  township  clerk  of  the  amount  to 
be  apportioned. 

(91.)  §  4713.  SEC.  22.  Each  treasurer  of  a  township,  to 
the  clerk  of  which  the  returns  of  any  fractional  school  district 
shall  be  made,  shall  apply  to  the  treasurer  of  any  other  town- 
ship in  which  any  part  of  such  fractional  school  district  may 
be  situated,  for  any  money  to  which  such  district  may  be  en- 
titled; and  when  so  received  it  shall  be  certified  to  the  town- 
ship clerk,  and  apportioned  in  the  same  manner  as  other  taxes 
for  school  purposes. 


Township 
treasurer  to 
apply  to 
county 
treasurer  for 
moneys 


Moneys  due 

fractional 

districts. 


GENERAL  SCHOOL  LAWS.  41 

CHAPTER  V. 

COUNTY  CLERK  AND  TREASURER. 

(92.)     §  4714.     SECTION  1.     It  shall  be  the  duty  of  each  county.  clerk 
county  clerk  to  receive  all  such  communications,  blanks,  and  dispose™?  a 


documents  as  may  be  directed  to  him  by  the  Superintendent 
of  Public  Instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(93.)     §  4715.     gEC.  2.     The  clerk  of  each  county  shall,  on  county  clerk 
receiving  from  the  secretary  of  the  county  board  of  school  ex-  report™etc. 
aminers  the  annual  reports  of  the  several  boards  of  school 
inspectors,  file  the  same  in  his  office.    On  receiving  notice  from  Notice  of 
the  Superintendent  of  Public  Instruction  of  the  amount  of  mPenTofn~ 
moneys  apportioned  to  the  several  townships  in  his  county  moneys- 
he  shall  file  the  same  in  his  office,  and  forthwith  deliver  a  copy 
thereof  to  the  county  treasurer. 

(94.)     §  4716.     SEC.  3.     The     several     county     treasurers  county  treas- 
shall  apply  for  and  receive  such  moneys  as  shall  have  been  ap-  "^  moifejS17 
portioned  to  their  respective  counties,  when  the  same  shall  be-  appropriated. 
come  due  ;  and  each  of  said  treasurers  shall  immediately  give  TO  notify 
notice  to  the  treasurer  and  clerk  of  each  township  in  his  aSfoF 
county,  of  the  amount  of  school  moneys  apportioned  to  his  amounts. 
township,  and  shall  hold  the  same  subject  to  the  order  of  the 
township  treasurer. 


CHAPTER  VI. 

BONDED    INDEBTEDNESS    OF    DISTRICTS. 

(95.)     §  4717.     SECTION  1.     Any  school  district  may,  by  a  when  district 
two-thirds  vote  of  the  qualified  electors  of  said  district  present  Snydls.SU€ 
at  an  annual  meeting,  or  at  a  special  meeting  called  for  that 
purpose,  borrow  money,  and  may  issue  bonds  of  the  district 
therefor,  to  pay  for  a  school-house  site  or  sites,  and  to  erect 
and  furnish  school  buildings.    The  district  board,  or  board  of 
education,  shall  estimate  the  amount  of  money  necessary  to 
be  raised  and  shall  state  their  estimate  in  the  notices  of  the  an- 
nual or  special  meeting,  at  which  the  question  of  borrowing 
money  and  issuing  bonds  shall  be  submitted  to  the  people; 
and  at  said  meeting  the  voters  shall  have  power  to  ratify  by 
the  vote  aforesaid  the  estimate  of  the  district  board,  or  board 
of  education,  or  to  fix  a  new  limit  on  the  amount  to  be  bor- 
rowed and  for  which  bonds  may  be  issued :    Provided,  That  Proviso,  as  to 
no  school  district  shall  issue  bonds  for  an  amount  greater  than  ai 
five  per  cent  of  the  total  assessed  valuation  of  said  district, 
6 


42 


GENERAL  SCHOOL  LAWS. 


and  in  districts  having  one  hundred  or  more  children  in  the 
school  census  the  bonded  indebtedness  shall  not  exceed  sev- 
enty-five dollars  per  capita  of  such  census,  nor  shall  the  bond- 
ed indebtedness  of  a  district  extend  beyond  the  period  of  fifteen 
Proviso,  as  to  years  for  money  borrowed :  Provided  further,  That  in  all  pro- 
inspredctofrs.  ceedings  under  this  section,  the  district  board  and  one  person 
selected  by  the  qualified  voters  present  at  said  meeting  shall 
constitute  a  board  of  inspectors,  who  shall  cause  a  poll  list  to 
be  kept  and  a  suitable  ballot-box  to  be  used,  and  the  polls  shall 
be  kept  open  at  least  two  hours.  The  votes  shall  be  by  ballot, 
either  printed  or  written,  or  partly  printed  and  partly  written, 
and  the  canvass  of  the  same  shall  be  conducted  in  the  same 
manner  as  at  township  elections,  or  as  farfas  the  laws  govern- 
ing the  same  are  applicable,  and  when  said  laws  are  not  ap- 
plicable the  board  of  inspectors  shall  prescribe  the  manner  hi 
which  the  canvass  shall  be  conducted. 


Canvass  of 
votes,  etc. 


Issuing  bonds 
for  money 
borrowed. 


Interest 
thereon . 


Am.  1899,  Act  190  :  1901,  Act  165  ;  1905,  Act  270. 

TWO-THIRDS  VOTE:  A  corporate  act,  which  can  be  taken  only  by  a. two- 
thirds  vote,  cannot  be  rescinded  by  a  bare  majority. — Stockdale  v.  Sch.  Dist., 
47  /  226. 

BONDS  :  A  vote  to  issue  school-district  bonds  in  settlement  of  a  demand, 
if  in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal 
limit. — Stockdale  v.  Sch.  Dist.,  47  /  226.  The  purchaser  of  a  school  district 
bond  has  a  right  to  rely  upon  all  facts  asserted  or  appearing  upon  the  face 
of  the  bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon 
and  determine  the  facts. — Gibbs  v.  Sch.  Dist.,  88  /  336.  Detaching  a  portion 
of  a  district  and  organizing  it  into  or  with  another  township. — -People  v. 
Ryan,  19/203. 

(96.)  §  4718.  SEC.  2.  Whenever  any  school  district  shall 
have  voted  to  borrowT  any  sum  of  money,  the  district  board  of 
such  district  is  hereby  authorized  to  issue  the  bonds  of  such 
district,  in  such  form,  and  executed  in  such  manner  by  the 
moderator  and  director  of  such  district,  and  in  such  sums,  not 
less  than  fifty  dollars,  as  such  district  board  shall  direct,  and 
with  such  rate  of  interest,  not  exceeding  eight  per  centum  per 
annum,  and  payable  at  such  time  or  times  as  the  said  district 
shall  have  directed. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district ;  and,  before  the  board  can  act,  it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the 
question  whether  the  proceedings  in  voting  the  bonds  are  such  as  will  authorize 
the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefor,  need  look  no 
further  back  than  the  face  of  the  bonds  for  the  facts  which  show  a  compliance 
with  the  law.— Gibbs  v.  Sch.  Dist.,  88  /  337. 


(97.)  §  4719.  SEC.  3.  Whenever  any  money  shall  have 
redeem  bonds.  been  borrowed  by  any  school  district,  the  taxable  inhabitants 
of  such  district  are  hereby  authorized,  at  any  regular  meeting 
of  such  district,  to  impose  a  tax  on  the  taxable  property  in 
such  district,  for  the  purpose  of  paying  the  principal  thus  bor- 
rowed, or  any  part  thereof,  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  collected. 
(98.)  §  4720.  SEC.  4.  Any  school  district,  whenever  it 


topaybSidsey  shall  appear  that  the  same  can  be  done  on  terms  advantageous 
furtherubonds.  to  said  district,  may  borrow  money  to  pay  any  bonded  indebt- 
edness of  said  district  then  existing,  and  issue  further  bonds 


GENERAL  SCHOOL  LAWS.  43 

of  said  district  therefor:    Provided,    That  a  majority  of  the  Proviso. 
qualified  voters  of  said  district  shall  so  determine,  at  an  an- 
nual or  special  meeting  called  for  that  purpose;  and  that  the 
notice  of  such  meeting,  whether  annual  or  special,  shall  state 
the  intention  to  take  such  vote. 


CHAPTER  VII. 

SUITS   AND   JUDGMENTS  AGAINST  DISTRICTS. 

(09.)  .  §  4721.     SECTION  1.     Justices    of    the    peace    shall 
liave  jurisdiction  in  all  cases  of  assumpsit,  debt,  covenant,  and  jurisdiction   n 
trespass  on  the  case  against  school  districts,  when  the  amount  certam  cases- 
claimed,  or  matter  in  controversy  shall  not  exceed  one  hun- 
dred dollars;  and  the  parties  shall  have  the  same  right  of  ap- 
peal as  in  other  cases. 

As  to  corporate  powers,  etc.*  see  note  to  Section  30.  Liability  for  debts 
after  changes  made  in  districts. — See  Sections  35-36  and  notes.  Action  of 
one  district  against  another  for  money  had  and  received. — Sen.  Dist.  v.  Sch. 
Dist,  40/551. 

(100.)      §  4722.     SEC.  2.     When  any  suit  shall  be  brought  Suit  against 

.  ,     , .    ,    .    .  J  district,  how 

against  a  school  district,  it  shall  be  commenced  by  summons,  commenced. 
a  copy  of  which  shall  be  left  with  the  treasurer  of  the  district 
at  least  eight  days  before  the  return  day  thereof. 

Am.  1901,  Act  165. 

(101.)     §  4723.     SEC.  3.     No  execution  shall  issue  on  any  NO  execution 
judgment   against   a   school   district,   nor   shall   any   suit  be  againsT 
brought  thereon,  but  the  same  shall  be  collected  in  the  manner  district- 
prescribed  in  this  act. 

(102.)     §  4724.     SEC.  4.     Whenever    any    final    judgment  Duty  of  tmis- 
shall  be  obtained  against  a  school  district,  if  the  same  shall  lo%dg-ative 
not  be  removed  to  any  other  court,  the  treasurer  of  the  district  ments- 
shall  certify  to  the  supervisor  of  the  township  and  to  the  di- 
rector of  the  district  the  date  and  amount  of  such  judgment, 
with  the  name  of  the  person  in  whose  favor  the  same  was  ren- 
dered, and  if  the  judgment  shall  be  removed  to  another  court, 
the  treasurer  shall  certify  the  same  as  aforesaid,  immediately 
after  the  final  determination  thereof  against  the  district. 

Am.  1901,  Act  165  ;  1903,  Act  49. 

(103.)  §  4725.  SEC.  5.  If  the  treasurer  shall  fail  to  cer-  when  trus- 
tify the  judgment  as  required  in  the  preceding  section,  it  shall 
be  lawful  for  the  party  obtaining  the  same,  his  executors,  ad- 
ministrators,  or  assigns,  to  file  with  the  supervisor  the  cer- 
tificate  of  the  justice  or  clerk  of  the  court  rendering  the  judg- 
ment, showing  the  facts  which  should  have  been  certified  by 
the  treasurer. 

Am.   1901,  Act  165, 


44  GENERAL  SCHOOL  LAWS. 

Howjudg-  (104.)     §4726.     SEC.  6.     If  the  district  against  whom  any 

i£ecaseCoftlf  id  suc^  judgment  shall  be  rendered  is  situated  in  part  in  two  or 

fractional         more  townships,   a   certificate  thereof   shall  be  delivered   as 

aforesaid  to  the  supervisor  of  each  township  in  which  such 

district  is  in  part  situated. 

Supervisors          (105.)     §  4727.     SEC.  7.     The  supervisor  or  supervisors  re- 

amounfof       ceiving  either  of  the  certificates  of  a  judgment  as  aforesaid 

judgment.        shau  proceed  to  assess  the  amount  thereof,  with  interest  from 

the  date  of  the  judgment  to  the  time  when  the  warrant  for  the 

collection  thereof  will  expire,  upon  the  taxable  property  of  the 

district,  placing  the  same  on  the  next  township  assessment 

HOW  collected  roll  in  the  column  for  school  taxes ;  and  the  same  proceedings 

'   shall  be  had,  and  the  same  shall  be  collected  and  returned  in 

the  same  manner  as  other  district  taxes. 


CHAPTER  VIII. 

SITES   FOR   SCHOOLHOUSES. 

Si-hosoi°hou<  (106.)     §  4728.     SECTION  1.     The  qualified   voters   of  any 

how°desi>-ses'  school  district,  when  lawfully  assembled  may  designate  by  a 
nated,  etc        vo|e  of  two-thirds  of  those  present,  such  number  of  sites  as 
may  be  desired  for  schoolhouses  and  may  change  the  same  by 
similar  vote  at  any  annual  or  special  meeting,  or  by  the  same 
Notice  of         vote  may  enlarge  any  existing  site.    Whenever  the  question  of 
designating  a  school  site  or  of  changing  a  school  site  is  to  be 
brought  before  the  school  meeting,  the  notice  of  said  meeting 
when  inspect-  shall  state  the  intention  to  vote  upon  such  question.    When  no 
site.may  fi        site  can  be  established  by  such  inhabitants  as  aforesaid,  the 
school  inspectors  of  the  township  or  townships  in  which  the 
district  is  situated,  upon  notification  by  the  district  board  that 
the  district  is  unable  to  fix  a  site,  shall  determine  where  such 
site  shall  be,  and  their  determination  shall  be  certified  to  the 
director  of  the  district  and  shall  be  final,  subject  to  alteration 
afterwards  by  the  inspectors,  on  the  written  request  of  two- 
thirds  of  the  qualified  voters  of  the  district,  or  by  two-thirds 
of  the  qualified  voters  agreeing  upon  a  site  at  a  district  meet- 
ing lawfully  called. 

Am.  1903,  Act  182  ;  1905,  Act  75. 

NO  SITE  ESTABLISHED :  It  is  only  when  the  inhabitants  cannot  agree 
in  establishing  any  site  at  all,  that  the  inspectors  are  allowed  to  fix  one. — 
Andress  v.  Inspectors,  19  /  332. 

TWO-THIRDS  VOTE:     See  note  to  Comp.   Sec.  95. 

Proceedmgs  (107.)  §  4729.  SEC.  2.  Whenever  a  site  for  a  school- 
disagree°ment  house  shall  be  designated,  determined,  established  or  enlarged, 
iQ  anv  manner  provided  by  law,  in  any  school  district,  and 
such  district  shall  be  unable  to  agree  with  the  owner  or  owners 
of  such  site  upon  the  compensation  to  be  paid  therefor,  or  for 
the  land  to  enlarge  the  same?  or  in  case  such  district  shall,  by 


GENERAL  SCHOOL  LAWS.  45 

reason  of  any  imperfection  in  the  title  to  said  site,  or  land  to 
be  added  thereto,  arising  either  from  break  in  the  chain  of 
title,  tax  sale,  mortgages,  levies,  or  any  other  cause,  be  unable 
to  procure  a  perfect,  unincumbered  title  in  fee  simple  to  said 
site,  or  land  for  the  enlargement  thereof,  the  district  board  of 
such  district  shall  authorize  one  or  more  of  its  members  to  ap- 
ply to  the  circuit  judge,  if  there  be  one  in  the  county,  or  to  a 
circuit  court  commissioner  of  the  county,  or  to  any  justice  of 
the  peace  of  the  city  or  township  in  which  such  school  district 
shall  be  situated,  for  a  jury  to  ascertain  and  determine  the 
just  compensation  to  be  made  for  the  real  estate  required  by 
such  school  district  for  such  site,  or  for  the  enlargement 
thereof,  and  the  necessity  for  using  the  same,  which  applica- 
tion shall  be  in  writing,  and  shall  describe  the  real  estate  re- 
quired by  such  district  as  accurately  as  is  required  in  a  con- 
veyance of  real  estate :  Provided,  That  whenever  any  school  proviso, 
district  shall  have  designated,  selected  or  established  in  any 
manner  provided  by  law,  a  schoolhouse  site,  or  land  for  the 
enlargement  thereof,  such  selection,  designation  or  establish- 
ment shall  be  prima  facie  evidence  to  said  jury  of  the  necessity 
to  use  the  site  so  established. 

Am.   1903,  Act  182. 

CONDEMNATION :  The  jurisdiction  to  condemn  lands  for  a  school-house 
site  is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it. — 
Smith  v.  Sch.  Dist.,  40  /  145.  Proceedings  to  condemn  land  for  a  school- 
house  site  will  be  quashed  if  there  is  no  lawful  designation  thereof  shown 
by  the  records. — Heck  v.  Sch.  Dist.,  49  /  551.  For  the  constitutional  questions 
involved  in  the  taking  of  private  property  for  public  use,  see  Const,  xv,  9.  15; 
xviii,  2,  14. 

(108.)     §  4730.     SEC.  3.     It    shall    be    the    duty    of    such  when  jury  to 
circuit  judge,  circuit  court  commissioner,  or  justice  of  the be  summoned- 
peace,  upon  such  application  being  made  to  him,  to  issue  a 
summons  or  venire,  directed  to  the  sheriff  or  any  constable  of 
the  county,  commanding  him  to  summon  eighteen  freeholders 
residing  in  the  vicinity  of  such  site,  who  are  in  nowise  of  kin  to 
the  owner  of  such  real  estate,  and  not  interested  therein,  to  ap- 
pear before  such  judge,  commissioner,  or  justice,  at  the  time 
and  place  therein  named,  not  less  than  twenty  nor  more  than 
fifty  days  from  the  time  of  issuing  such  summons  or  venire, 
as  a  jury  to  ascertain  and  determine  the  just  compensation 
to  be  made  for  the  real  estate  required  by  such  school  district 
for  such  site,  or  for  the  enlargement  thereof,  and  the  neces- 
sity for  using  the  same,  and  to  notify  the  owner  or  occupant  owner  to  be 
of  such  real  estate,  if  he  can  be  found  in  the  county,  of  the  n( 
time  when  and  the  place  where  such  jury  is  summoned  to  ap- 
pear, and  the  object  for  which  such  jury  is  summoned;  which 
notice  shall  be  served  at  least  ten  days  before  the  time  speci- 
fied in  such  summons  or  venire  for  the  jury  to  appear  as  here- 
inbefore mentioned. 

Am.  1903,  Act  182. 


46 


GENERAL  SCHOOL  LAWS. 


owner  is 
unknown. 


Notice  in  case  (109.)  §  4731.  SEC.  4.  Thirty  days  previous  notice  of 
the  time  when  and  the  place  where  such  jury  will  assemble 
shall  be  given  by  the  district  board  of  such  district,  where  the 
owner  or  owners  of  such  real  estate  shall  be  unknown,  non- 
residents of  the  county,  minors,  insane,  non  compos  mentis, 
or  inmates  of  any  prison,  by  publishing  the  same  in  a  news- 
paper published  in  the  county  where  such  real  eslate  is  situ- 
ated; or  if  there  be  no  newspaper  published  in  puch  county, 
then  in  some  newspaper  published  in  the  nearest  county  where 
a  newspaper  is  published,  once  in  each  week  for  four  succrs- 
sive  weeks,  which  notice  shall  be  signed  by  the  district  board 
or  by  the  director  or  treasurer  of  such  district,  and  shall  de- 
scribe the  real  estate  required  for  such  site,  or  for  the  enlarge- 
ment thereof,  and  state  the  time  when  and  place  where  such 
jury  will  assemble,  and  the  object  for  wThich  they  will  as- 
semble; or  such  notice  may  be  served  on  such  owner  personally, 
or  by  leaving  a  copy  thereof  at  his  last  place  of  residence. 


Return  of 
venire  and 
proceedings 
thereon. 


Attachment 
may  issue  to 
enforce 
obedience 
to  process. 


Am.  1903,  Acts  49,  182. 

(110.)  §  4732.  SEC.  5.  It  shall  be  the  duty  of  such  judge, 
commissioner,  or  justice,  and  of  the  persons  summoned  as 
jurors,  as  hereinbefore  provided,  and  of  the  sheriff  or  constable 
summoning  them,  to  attend  at  the  time  and  place  specified 
in  such  summons  or  venire;  and  the  officer  who  summoned  the 
jury  shall  return  such  summons  or  venire  to  the  officer  who 
issued  the  same,  with  the  names  of  the  persons  summoned  by 
him  as  jurors,  and  shall  certify  the  manner  of  notifying  the 
owner  or  owners  of  such  real  estate,  if  he  was  found;  and  if 
he  could  not  be  found  in  said  county,  he  shall  certify  that 
fact.  Either  party  may  challenge  any  of  the  said  jurors  for 
the  same  causes  as  in  civil  actions.  If  more  than  twelve  of 
said  jurors  in  attendance  shall  be  found  qualified  to  serve  as 
jurors,  the  officer  in  attendance,  and  who  issued  the  summons 
or  venire  for  such  jury,  shall  strike  from  the  list  of  jurors  a 
number  sufficient  to  reduce  the  number  of  jurors  in  attendance 
to  twelve;  and  in  case  less  than  twelve  of  the  number  so  sum- 
moned as  jurors  shall  attend,  the  sheriff  or  constable  shall 
summon  a  sufficient  number  of  freeholders  to  make  up  the 
number  of  twelve;  and  the  officer  issuing  the  summons  or 
venire  for  such  jury,  may  issue  an  attachment  for  any  person 
summoned  as  a  juror  who  shall  fail  to  attend,  and  may  en- 
force obedience  to  such  summons,  venire,  or  attachment,  as 
courts  of  record,  or  justices'  courts  are  authorized  to  do  in 
civil  cases. 

A  party  present,  or  represented,  at  the  empaneling  of  the  jury  will  be 
deemed  to  have  waived  all  objections  to  the  jury,  if  he  makes  none  then. — 
Smith  v.  School  Dist,  40  /  143. 


Jury  to  be 
sworn. 


(111.)  §  4733.  SEC.  6.  The  twelve  persons  selected  as 
the  jury  shall  be  duly  sworn  by  the  judge,  commissioner,  or 
justice  in  attendance,  faithfully  and  impartially  to  inquire, 


GENERAL  SCHOOL  LAWS.  47 

ascertain  and  determine  the  just  compensation  to  be  made  for 
the  real  estate  required  by  such  school  district  for  such  site,  or 
for  the  enlargement  thereof,  and  the  necessity  for  using  the 
same  in  the  manner  proposed  by  such  school  district;  and  the 
persons  thus  sworn  shall  constitute  the  jury  in  such  case. 
Subpoenas  for  witnesses  may  be  issued,  and  their  attendance  subpoenas  for 
compelled  by  such  circuit  judge,  commissioner  or  justice  in  the  witnesses> 
same  manner  as  may  be  done  by  the  circuit  court  or  by  a 
justice's  court  in  civil  cases.  The  jury  may  visit  and  examine  what  jury  to 
the  premises,  and  from  such  examination  and  such  other  evi- a 
dences  as  may  be  presented  before  them,  shall  ascertain  and 
determine  the  necessity  for  using  such  real  estate  in  the 
manner  and  for  the  purpose  proposed  by  such  school  district, 
and  the  just  compensation  to  be  made  therefor;  and  if  such 
jury  shall  find  that  it  is  necessary  that  such  real  estate  shall 
be  used  in  the  manner  or  for  the  purpose  proposed  by  such 
school  district,  they  shall  sign  a  certificate  in  writing  stating 
that  it  is  necessary  that  said  real  estate,  describing  it,  should 
be  used  as  a  site  for  a  schoolhouse  for  such  district,  or  to  en- 
large its  existing  site;  also  stating  the  sum  to  be  paid  by 
such  school  district  as  the  just  compensation  for  the  same. 
The  said  circuit  judge,  circuit  court  commissioner,  or  justice  of  court  to 
the  peace,  shall  sign  and  attach  to,  and  indorse  upon  the  certifi-  tm5?e.cer~ 
cate  thus  subscribed  by  the  said  jurors,  a  certificate  stating 
the  time  when  and  the  place  where  the  said  jury  assembled, 
that  they  were  by  him  duly  sworn  as  herein  required,  and  that 
they  subscribed  the  said  certificate.  He  shall  also  state  in 
such  certificate  who  appeared  for  the  respective  parties  on  such 
hearing  and  inquiry,  and  shall  deliver  such  certificates  to  the 
director,  or  to  any  member  of  the  district  board  of  such  school 
district. 

Am.  1903,  Act  182. 

As  to  the  oath  to  the  jurors,  their  duties  and  the  determination  of  the 
necessity  and  compensation,  see  notes  to  Const.,  xv,  9,  15;  xviii,  2,  14. 

(112.)    §  4734.    SEC.  7.    Upon  filing  such  certificates  in  the  Collection  of 
circuit  court  of  the  county  where  such  real  estate  is  situated, Judginent- 
such  court  shall,  if  it  finds  all  the  proceedings  regular,  render 
judgment  for  the  sum  specified  in  the  certificate  signed  by 
such  jury,  against  such  school  district,  which  judgment  shall 
be  collected  and  paid  in  the  manner  as  other  judgments  against 
school  districts  are  collected  and  paid. 

Smith  v.  Sch'.  Dist,  40  /  143.  Mandamus  will  not  lie  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  taken  for  the  condemnation 
of  a  site  were  irregular  and  to  compel  him  to  enter  judgment  for  the  amount 
found  due. — Sch.  Dist.  v.  Judge,  49/432. 

(113.)      §  4735.     SEC.  8.     In  case  the  owner  of  such  real  when  owner 
estate  shall  be  unknown,  insane,  non  compos  mentis,  or  an  in-  S^SJSJJy  to 
fant,  or  cannot  be  found  within  such  county,  it  shall  be  lawful  Wic0un 
for  the  said  school  district  to  deposit  the  amount  of  such  judg-  treasurer 
ment  with  the  county  treasurer  of  such  county,  for  the  use  of 
the  person  or  persons  entitled  thereto;  and  it  shall  be  the  duty 


48 


GENERAL  SCHOOL  LAWS. 


Proviso,  how 
money  to  be 
drawn  from 
county 
treasurer. 


When  title  to 
be  vested  in 
district. 


of  such  county  treasurer  to  receive  such  money,  and  at  the 
time  of  receiving  it,  to  give  a  receipt  or  certificate  to  the  person 
depositing  the  same  with  him,  stating  the  time  when  such  de- 
posit was  made,  and  for  what  purpose;  and  such  county  treas- 
urer and  his  sureties  shall  be  liable  on  his  bond  for  any 
money  which  shall  come  into  his  hands  under  the  provisions 
of  this  act,  in  case  he  shall  refuse  to  pay  or  account  for  the 
same,  as  herein  required :  Provided,  That  no  such  money  shall 
be  drawn  from  such  county  treasurer,  except  upon  an  order  of 
the  circuit  court,  circuit  court  commissioner,  or  judge  of  pro- 
bate, as  hereinafter  provided. 

(114.)  §  4736.  SEC.  9.  Upon  satisfactory  evidence  being 
presented  to  the  circuit  court  of  the  county  where  such  real 
estate  lies,  that  such  judgment,  or  the  sum  ascertained  and 
determined  by  the  jury  as  the  just  compensation  to  be  paid  by 
such  district  for  such  site,  or  for  such  addition  to  its  site,  has 
been  paid,  or  that  the  amount  thereof  has  been  deposited  ac- 
cording to  the  provisions  of  the  preceding  sections,  such  court 
shall,  by  an  order  or  decree,  adjudge  and  determine  that  the 
title  in  fee  of  such  real  estate  shall,  from  the  time  of  making 
such  payment  or  deposit,  forever  thereafter  be  vested  in  such 
school  district  and  its  successors  and  assigns,  and  shall,  in  and 
by  such  order  or  decree,  award  to  such  school  district  a  writ 
of  possession  for  the  recovery  of  the  possession  of  such  real 
estate;  a  copy  of  which  order  or  decree,  certified  by  the  clerk 
of  said  county,  shall  be  recorded  in  the  office  of  the  register  of 
deeds  of  such  county,  and  the  title  of  such  real  estate  shall 
thenceforth,  from  the  time  of  making  such  payment  or  deposit, 
be  vested  forever  thereafter  in  such  school  district  and  its  suc- 
cessors and  assigns  in  fee. 

Am.   1903,  Act  182. 


When  district 
to  take 
possession. 


Writ  of  pos- 
session to  be 
issued  by 
county  clerk 
to  sheriff. 


Sheriff  to 

remove 

respondent. 


When  jury 
disagrees,  pro- 
ceedings may 
be  adjourned 
and  new  jury 
summoned. 


(115.)  §  4737.  SEC.  10.  Such  school  district  may,  at  any 
time  after  making  the  payment  or  deposit  hereinbefore  re- 
quired, enter  upon  and  take  possession  of  such  real  estate  for 
the  use  of  said  district.  And  it  shall  be  the  duty  of  the  county 
clerk  of  said  county,  on  the  request  of  said  school  district,  to 
issue  out  of  and  under  the  seal  of  the  circuit  court  of  said 
county  a  writ  of  possession  as  awarded  in  such  order  or  de- 
cree ;  which  writ  shall  be  directed  to  the  sheriff  of  said  county, 
and  shall  be  tested  and  made  returnable,  and  shall  be  sub- 
stantially, so  far  as  may  be,  in  the  same  form  provided  for 
writs  of  possession  in  actions  of  ejectment ;  and  it  shall  be  the 
duty  of  such  sheriff  thereupon  to  remove  the  respondent  or  re- 
spondents in  such  proceedings,  and  all  persons  holding  under 
them  or  either  of  them,  from  the  real  estate  described  in  such 
decree  and  in  such  writ,  and  deliver  the  possession  thereof 
with  the  appurtenances  to  such  school  district. 

(116.)  §  4738.  SEC.  11.  In  case  the  jury  hereinbefore 
provided  for  shall  not  agree,  another  jury  may  be  summoned 
in  the  same  manner,  and  the  same  proceedings  may  be  had,  ex- 
cept that  no  further  notice  of  the  proceedings  shall  be  neces- 


GENERAL'  SCHOOL  LAWS. 


sary;  but  instead  of  such  notice,  the  judge,  commissioner,  o* 
justice  may  adjourn  the  proceedings  to  such  time  as  he  shall 
think  reasonable,  not  exceeding  thirty  days,  and  shall  make  the 
process  to  summon  a  jury  returnable  at  such  time  and  place  as 
the  said  proceedings  shall  be  adjourned  to.  Such  proceedings  Adjournments 
may  be  adjourned  from  time  to  time  by  the  said  judge,  or  com-  SSU^monthS 
missioner,  or  justice,  on  the  application  of  either  party,  and 
for  good  cause,  to  be  shown  by  the  party  applying  for  such  ad- 
journment, unless  the  other  party  shall  consent  to  such  ad- 
journment; but  such  adjournments  shall  not  in  all  exceed 
three  months. 

(117.)    §  4739.    SEC.  12.    In  case  the  said  schoolhouse  site,  Proceedings 
or  land  required  to  enlarge  the  same,  is  encumbered  by  mort-  JJdperty  is 
gage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the  mortgagee,  encumbered. 
or  other  parties  claiming  to  be  interested  in  said  title,  shall 
severally  be  made  a  party  to  the  procedure  as  aforesaid,  and 
shall  be  authorized  upon  the  filing  of  the  certificate  of  the  jury 
in  the  circuit  court  of  said  county,  to  appear  before  the  circuit 
judge  and  make  proof  relative  to  their  proportionate  claims  to 
the  said  site,  or  the  compensation  to  be  made  therefor,  as  deter- 
mined by  said  jury.    And  the  said  circuit  judge  shall,  by  de- 
cree, settle  their  several  claims  in  accordance  with  the  rights  of 
the  parties  respectively,  and  may  divide  the  sum  awarded  by 
said  jury  between  the  claimants  as  in  his  judgment  will  be 
equitable  and  right,  rendering  against  said  district  a  separate 
judgment  for  each  of  the  amounts  so  awarded. 

Am.   1903,  Act  182. 

(118.)  §  4740.  SBC.  13.  The  circuit  judge,  judge  of  pro- HOW  money 
bate,  or  circuit  court  commissioner  of  any  county  where  any  coSStye?reTs-h 
money  has  been  deposited  with  the  county  treasurer  of  such  g^^™ay  be 
county,  as  hereinbefore  provided,  shall,  upon  the  written  ap- 
plication of  any  person  or  persons  entitled  to  such  money,  and 
upon  receiving  satisfactory  evidence  of  the  right  of  such  appli- 
cant to  the  money  thus  deposited,  make  an  order  directing  the 
county  treasurer  to  pay  the  money  thus  deposited  with  him  to 
said  applicant;  and  it  shall  be  the  duty  of  such  county  treas- 
urer, on  the  presentation  of  such  order,  with  the  receipt  of  the 
person  named  therein,  indorsed  on  said  order  and  duly  ac- 
knowledged, in  the  same  manner  as  conveyances  of  real  estate 
are  required  to  be  acknowledged,  to  pay  the  same;  and  such 
order,  with  the  receipt  of  the  applicant  or  person  in  whose 
favor  the  same  shall  be  drawn,  shall,  in  all  courts  and  places, 
be  presumptive  evidence  in  favor  of  such  county  treasurer,  to 
exonerate  him  from  all  liability  to  any  person  or  persons  for 
said  money  thus  paid  by  him. 

(119.)     §  4741.     SEC.  14.     Circuit    judges,     circuit     court  compensation 
commissioners,  and  justices  of  the  peace,  for  any  services  ren-  efc°foners' 
dered  under  the  provisions  of  this  act,  shall  be  entitled  to  the  proceedings, 
same  fees  and  compensation  as  for  similar  services  in  other 
special  proceedings.    Jurors,  constables,  and  sheriffs  shall  be 
7 


50  GENERAL  SCHOOL  LAWS. 

entitled  to  the  same  fees  as  for  like  services  in  civil  cases  in  the 
circuit  court. 

When  judge,         (120.)      §  4742.     SBC.  15.     In  case  any  circuit  judge,  cir- 
t^attend,        cuit  court  commissioner,  or  justice  of  the  peace,  who  shall  issue 
fm?sheprSd-  a  summons  or  venire  for  a  jury,  shall  be  unable  to  attend  to 
any  of  the  subsequent  proceedings  in  such  case,  any  other  cir- 
cuit court  commissioner  or  justice  of  the  peace  may  attend 
and  finish  said  proceedings. 


CHAPTEK  IX. 

APPEALS  FROM  ACTION  OF  INSPECTORS. 

Appeal  of  (121.)  §  4743.  SECTION  1.  Whenever  any  five  or  more 

tax-paying  electors,  having  taxable  property  within  any  school 
district,  shall  feel  themselves  aggrieved  by  any  action,  order, 
or  decision  of  the  board  of  school  inspectors,  with  reference  to 
the  formation,  or  any  division,  or  consolidation  of  said  school 
district,  they  may,  at  any  time  within  sixty  days  from  the  time 
of  such  action  on  the  part  of  said  school  inspectors,  appeal 
from  such  action,  order,  or  decision  of  said  board  of  school 
inspectors  to  the  township  board  of  the  township  in  which 

Appeal  in  case  such  school  district  is  situated,  and  in  case  of  fractional  school 
0™  districts,  notice  of  such  appeal  shall  be  served  on  the  clerk  oi 
the  joint  boards  of  school  inspectors  who  have  made  the  deci- 
sion appealed  from,  who  shall,  within  five  days,  give  notice 
thereof  to  the  township  boards  of  the  several  townships  in 
which  the  different  parts  of  said  fractional  school  district  are 
situated,  who  shall  have  power,  and  whose  duty  it  shall  be, 
acting  jointly,  to  entertain  such  appeal,  and  review,  confirm, 
set  aside,  or  amend  the  action,  order,  or  decision  of  the  board 
of  school  inspectors  thus  appealed  from ;  or  if  in  their  opinion 
the  appeal  is  frivolous  or  without  sufficient  cause,  they  may 
summarily  dismiss  the  same. 

ACTION  OF  INSPECTORS  :  The  board  of  inspectors  act  in  the  exercise  of 
a  public  discretionary  power  in  creating  or  changing  districts,  which  can  be 
reviewed,  if  at  all,  only  by  some  direct  appellate  process  which  operates  upon 
the  proceedings  themselves  to  affirm,  reverse  or  change  them. — Clement  v. 
Everest,  29  /  19. 

APPEAL :  The  appeal  to  the  town  board  is  not  on  legal  questions,  .but 
transfers  to  them  the  same  Discretionary  authority  which  the  inspectors  have 
when  there  is  no  appeal.  And  by  appealing,  the  parties  waive  those  questions 
which  require  judicial  review  and  submit  themselves  to  the  discretion  of  the 
town  board  ;  and  a  certiorari  to  the  town  board  does  not  open  the  doings  of 
the  inspectors. — Brody  v.  Penn  Twp.  Board,  32  /  273.  Where  the  summary 
method  of  reviewing  the  proceedings  by  appeal  has  not  been  resorted  to,  there 
should  be  some  special  and  extraordinary  reasons  appearing  to  justify  a  resort 
to  quo  warranto. — Lord  v.  Every,  38  /  405.  The  township  board  has  jurisdic- 
tion of  appeals  from  decisions  of  the  board  of  school  inspectors  fixing  the 
amount  to  be  paid  by  an  old  school  district  to  a  new  one,  where  the  latter 
comprises  part  of  the  same  territory  and  the  former  retains  the  school  property. 
School  Dist.  v.  Wilcox,  48  /  404.  When  it  seems  an  appeal  could  not  be 
taken. — Sch.  Dist.  v.  Sch.  Dist.,  63  /  57-8. 


GENERAL  SCHOOL  LAWS.  51 


(122.)      §  4744.     SEC.  2.     Said  appellants  shall,  before  tak-  Appellants  to 
ing  such  appeal,  make  out  and  file  with  the  board  of  school  in-  o^cau^ancP1 
specters,  or  in  case  of  fractional  school  districts  to  the  clerk  2emea£d  for 
of  the  joint  boards  of  school  inspectors,  a  written  statement,  ai 
to  be  signed  by  said  appellants,  setting  forth  in  general  terms 
the  action,  order,  or  decision  of  the  board  or  boards  of  school 
inspectors,  with  respect  to  which  the  appellants  feel  them- 
selves aggrieved,  and  their  demand  for  an  appeal  therefrom 
to  the  township  board  or  boards  of  said  township  or  town- 
ships, and  shall  also  cause  to  be  executed  and  signed  by  one  of  Appellants  to 
their  number,  and  by  two  good  and  sufficient  sureties,  to  be  mlbondf110 
approved  by  the  clerk  of  said  board  or  joint  boards  of  school 
inspectors,  or  by  any  justice  of  the  peace  of  the  township,  and 
filed  with  the  clerk  of  said  board  or  joint  boards  of  school  in- 
spectors, a  bond  to  the  people  of  the  State  of  Michigan  in  the 
penal  sum  of  two  hundred  dollars,  conditioned  for  the  due 
prosecution   of   said   appeal   before   said   township   board   or 
boards  acting  jointly,  and  also  in  case  of  the  dismissal  of  said 
appeal  as  frivolous  by  said  township  board  or  joint  boards, 
for  the  payment  by  said  appellants  of  all  costs  occasioned  to 
the  township  or  townships  [by  reason]  of  said  appeal. 

BOND :  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and 
it  can  not  be  dispensed  with. — Clement  v.  Everest,  29  /  21.  The  appeal  is  not 
complete  without  such  approval. — Id. 

(123.)      §  4745.     SEC.  3.     Upon  the  filing   of  such   appeal  Duty  of 
papers  and  bond  with  the  said  board  or  joint  boards  of  school  when°appeai 
inspectors,  the  said  board  or  joint  boards  of  school  inspectors  is  file(L 
shall,  within  ten  days  thereafter,  make  out  and  file  with  the 
clerk  of  said,  township  in  which  the  said  schoolhouse  is  lo- 
cated, a  full  and  complete  transcript  of  all  their  proceedings, 
actions,  orders,  or  decisions  with  reference  to  which  the  ap- 
peal is  taken,  and  of  their  records  of  the  same;  also,  said  bond 
and  appeal  papers,  and  all  petitions  and  remonstrances,  if  any, 
with  reference  to  the  matters  appealed  from;  and  upon  the  fil-  when  town- 
ing  of  the  same  with  the  said  township  clerk,  the  said  town- 
ship  board  or  boards  shall  be  deemed  to  be  in  possession  of  the 
case,  and  if  the  return  be  deemed  by  them  insufficient,  may 
order  a  further  and  more  complete  return  by  said  board  or 
boards  of  school  inspectors ;  and  when  such  return  shall  by  Proceedings 
them  be  deemed  sufficient,  they  shall  proceed  with  the  consid- i] 
eration  of  the  appeal,  at  such  time  or  times,  within  ten  days 
after  such  return,  and  in  such  manner  and  under  such  affirma- 
tion, amendment,  or  reversal  of  the  action,  order,  or  decision 
of  the  board  or  boards  of  school  inspectors  appealed  from,  as 
in  their  judgment  shall  seem  to  be  just  and  right ;  or,  if  they  whe ^em- 
deem  the  appeal  to  be  frivolous,  they  may  summarily  dismiss  ship_ board  t 
the  same ;  but  the  decision  of  said  board  or  boards  of  school 
inspectors  shall  not  be  altered  or  reversed,  unless  a  majority  case- 
of  such  township  board  or  boards,  not  members  of  said  board 
or  boards  of  school  inspectors,  shall  so  determine. 

Bee  cases  cited  in  notes  to  Section  121. 


GENERAL  SCHOOL  LAWS. 


CHAPTER  X. 


GRADED  SCHOOL  DISTRICTS. 


'oLg&n~ 


Proviso. 


Graded  school  (124.)  §  4746.  SECTION  1.  Any  school  district  contain- 
ing  more  ^han  one  hundred  children  between  the  ages  of  five 
and  twenty  years  may,  by*  a  two-thirds  vote  of  the  qualified 
electors  present  at  any  annual  or  special  meeting,  organize  as 
a  graded  school  district  :  Provided,  That  the  intention  to  take 
such  vote  shall  be  expressed  in  the  notice  of  such  annual  or 
special  meeting.  When  such  change  in  the  organization  of  the 
district  shall  have  been  voted,  the  voters  at  such  annual  or 
special  meeting  shall  proceed  immediately  to  elect  by  ballot 
from  the  qualified  voters  of  the  district  one  trustee  for  the 
term  of  one  year,  two  for  the  term  of  two  years,  and  two  for  a 
term  of  three  years,  and  annually  thereafter  a  successor  or 
successors  to  the  trustee  or  trustees  whose  term  of  office  shall 
expire:  Provided,  also,  In  all  districts  organized  prior  to  the 
year  eighteen  hundred  and  eighty-three  there  shall  be  one 
trustee  elected  at  the  annual  meeting  for  the  year  eighteen 
hundred  and  eighty-three,  and  thereafter  there  shall  be  elected 
a  trustee  or  trustees  in  the  manner  aforesaid,  whose  term  of 
office  shall  be  three  years,  and  until  his  or  their  successor  or 
successors  shall  have  been  elected  and  filed  his  or  their  accept- 
ance  :  Provided,  also,  That  in  the  election  of  trustees,  and  all 
other  school  officers,  the  person  receiving  a  majority  of  all  the 
votes  shall  be  declared  elected. 

Simpkins  v.  Ward,  45/562. 

GRADED  SCHOOL  DISTRICTS  :  The  wisdom  of  the  graded-school-district 
act  was  vindicated  in  Stuart  v.  Sch.  Dist.,  30  /  69,  and  its  validity  determined. 
—  Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439.  It  is  competent  under  the  constitu- 
tion to  provide  by  taxation  for  free  instruction  in  the  higher  departments 
of  education,  in  union  and  high  schools.  —  Stuart  v.  Sch.  Dist.,  30  /  69.  Union 
and  graded  schools,  whether  organized  under  the  general  law  or  created  by 
special  enactment  are  subject  to  the  general  primary  school  law,  except  as 
otherwise  provided  in  the  law  creating  them.  —  People  v.  Detroit  Board  of  Edu- 
cation, 18  /  411  ;  Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  442. 

ALL  OTHER  OFFICERS  :  The  tprm  "all  other  school  officers"  includes  the 
director,  moderator  and  assessor  of  primary  school  districts,  there  being  no 
others  to  whom  it  could  refer,  as  the  trustees  are  the  only  officers  to  be  elected 
in  graded  school  districts.  —  Cleveland  v.  Amy,  88/377. 

LEGISLATIVE  PROVISIONS:  The  constitution  does  not  require  an  abso- 
lute uniformity  in  school  districts  throughout  the  state  and  the  legislature 
has  not  so  construed  the  constitutional  provisions.  Uniformity  has  not  been 
kept  up  ;  graded  schools  have  been  established  ;  boundaries  of  districts  changed 
and  fixed  by  the  legislature  ;  and  the  qualifications  of  electors  at  school 
meetings  have  been  fixed,  limiting  the  classes  entitled  to  vote  and  providing 
exceptional  methods  of  electing  officers.  The  mayor  of  Grand  Rapids  is  made 
a  trustee  and  ex  officio  a  member  of  the  board  of  education  ;  and  being  a  trus- 
tee he  is  eligible  to  the  office  of  president  of  the  board.  The  president  of  the 
board  has  the  veto  power.  The  mayor  of  Alpena  is  president  of  the  board,  and 
the  trustees  elected  constitute  the  board,  and  exercise  all  the  powers  and 
perform  the  duties  of  trustees.  The  mayor  of  Detroit,  as  ex  officio  member 
of  the  board  of  education,  has  the  veto  power,  and  this  provision  is  con- 
stitutional. —  Pingree  v.  Board  of  Education,  99  /  407-9.  It  is  no  new  thing 
for  the  legislature  to  fix  the  boundaries  of  school  districts.  It  is  done  by  the 
charter  of  nearly  every  city  or  village  in  the  state,  and  some  of  them  go  so 
far  as  to  provide  exceptional  methods  of  electing  officers  and  limiting  the 
classes  entitled  to  vote  (citing  Mudg?  v.  Jones,  59/165).  —  Keweenaw  Ass'n 
v.  Sch.  Dist.,  98  /  441.  And  In  Perrizo  v  Kesler.  93  /  280.  an  act  providing 
for  the  organization  of  school  districts  from  entire  townships  was  held  valid.  — 
Id.  442. 


GENERAL  SCHOOL  LAWS.  53 

(125.)     §  4747.     SEC.  2.     Within  ten  days  after  their  elec-  Acceptance 
tions  such  trustees  shall  file  with  the  director  acceptances  of  g*  °mecd  rs  to 
the  offices  to  which  they  have  been  elected,  and  shall  annually  officers  to  be 
elect  from  their  own  number  a  moderator,  a  director,  and  trustees?7 
treasurer,  and  for  cause  may  remove  the  same,  and  may  ap- 
point others  of  their  own  number  in  their  places,  who  shall 
perform  the  duties  prescribed  by  law  for  such  officers  in  other 
school  districts  in  this  State  except  as  hereinafter  provided. 
The  trustees  shall  have  power  to  fill  any  vacancy  that  may  vacancy  in 
occur  in  their  number  till  the  next  annual  meeting.     When-  §§££'  how 
ever,  in  any  case,  the  trustees  shall  fail,  through  disagreement  when  in- 


or  neglect,  to  elect  the  officers  named  in  this  section,  within  Ip^SSt  sl 
twenty  days  next  after  the  annual  meeting,  the  school  in-  officers- 
spectors  of  the  township  or  city  to  which  such  district  makes 
its  annual  report  shall  appoint  the  said  officers  from  the  num- 
ber of  said  trustees. 

Am.   1901,  Act   165. 

VACANCIES  —  COSTS  :  The  minority  of  a  school  board  have  no  authority 
to  commence  an  action  in  its  name,  and.  if  they  do  so,  they  will  be  individually 
responsible  for  the  costs.  —  Johnston  v.  Mitchell,  120  /  589. 

(126.)     §  4748.     SEC.  3.     It  shall  be  the  duty  of  the  board  gj*f  of 
of  trustees  in  any  graded  school  district  : 

First,  To  classify  and  grade  the  pupils  attending  schools  in  TO  classify 
such  district  and  cause  them  to  be  taught  in  such  schools  orpupls 
departments  as  they  may  deem  expedient  ; 

Second,  To  establish  in  such  district  a  high  school  when 
ordered  by  a  vote  of  the  district  at  an  annual  meeting,  and  to  etc. 
determine  the  qualifications  for  admission  to  such  school,  and 
the  fees  to  be  paid  for  tuition  in  any  branch  taught  therein: 
Provided,    That  when  non-resident  pupils,  their  parents  or  Proviso  as  to 
guardians,  shall  pay  a  school  tax  in  said  district,  the  same  tu 
shall  be  credited  on  their  tuition  a  sum  not  to  exceed  the 
amount  of  such  tuition  and  they  shall  only  be  required  to  pay 
tuition  for  the  difference  between  the  amount  of  the  tax  and 
the  amount  charged  for  tuition; 

Third,  To  audit  and  order  the  payment  of  all  [of]  the  a  c-  TO  audit  and 
counts  of  the  director  for  incidental  or  other  expenses  in-  accounts01018 
curred  by  him  in  the  discharge  of  his  duties  ;  but  no  more  than 
fifty  dollars  shall  be  expended  by  the  director  in  one  year  for 
repairs  of  the  buildings  or  appurtenances  of  the  district  prop- 
erty without  the  authority  of  the  board  of  trustees  ; 

Fourth,  To  employ  all  qualified  teachers  necessary  for  the 
several  schools,  and  to  determine  the  amount  of  their  compen- 
sation and  to  require  the  director  and  moderator  to  make  con- 
tracts with  the  same  on  behalf  of  the  district,  in  accordance 
with  the  provisions  of  law  concerning  contracts  with  teachers  ; 

Fifth,  To  employ  such  officers  and  servants  as  may  be  neces-  TO  employ 

j>        jt  «    ,  i  «    -    «  -.-11  officers,  etc. 

sary  for  the  management  of  the  schools  and  school  property, 
and  prescribe  their  duties  and  fix  their  compensation  ; 

Sixth,  To  perform  such  other  duties  as  are  required  of  dis-  other  duties. 
trict  boards  in  other  school  districts. 


54 


GENERAL  SCHOOL  LAWS. 


FIRST:  To  classify  and  grade. — People  v.  Detroit  Bd.  of  Ed.,  18/412. 
Under  our  system  it  is  common  and  convenient  to  have  the  various  grades  in 
one  building  and  there  is  nothing  illegal  in  it. — Hathaway  v.  New  Baltimore, 
48  /  255.  The  authority  to  classify  and  grade  the  pupils  and  prescribe  the 
course  of  studies  confers  the  power  to  provide  for  teaching  ruusic  and  to  pur- 
chase a  piano  for  such  purpose. — Knabe  v.  Board  of  Education,  G7  /  262. 

FOURTH  :  A  contract  with  a  qualified  teacher,  made  pursuant  to  a  reso- 
lution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the 
director. — Farrel  v.  Sch.  Dist.,  98/43  (citing  Crane  v.  Sch.  Dist.,  61/299). 
The  board  has  power  to  employ  a  qualified  teacher  for  the  ensuing  year  prior 
to  the  annual  school  meeting. — Id.,  (citing  Tappan  v.  Sch.  Dist.,  44/500: 
Cleveland  v.  Amy,  88/374.)  The  power  to  employ  teachers  conferred  upon 
the  district  boards  of  primary  schools  is  co-extensive  with  that  conferred  upon 
the  boards  of  trustees  of  graded  schools. — Cleveland  v.  Amy,  88  /  376.  Teach- 
ers in  graded  schools  are  required  to  have  certificates  in  the  same  manner 
as  teachers  in  primary  schools  ;  but  a  person  employed  by  the  board  to  super- 
intend and  manage  the  schools  need  not  be  a  teacher  nor  have  a  teacher's 
certificate. — Davis  v.  Sch.  Dist.,  81  /  214.  The  trustees  are  empowered  to  em- 
ploy all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to  be 
decided  by  their  sound  discretion. — Tappan  v.  Sch.  Dist.,  44  /  502. 

FIFTH  :  The  power  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools. — Stuart  v.  Sch. 
Dist.,  30/85.  And  the  person  employed  as  superintendent  is  not  required 
to  be  a  teacher  or  to  have  a  teacher's  certificate. — Davis  v.  Sch.  Dist.,  81  / 
219-20. 

SIXTH :  A  contract  between  a  teacher  and  a  graded  school  district  is 
invalid,  unless  the  teacher,  at  the  time  of  making  the  contract,  has  the  cer- 
tificate required  by  Sec.  4812  C.  L.,  authorizing  her  to  teach  during  the  term 
covered  by  the  contract ;  obtaining  a  certificate  after  the  making  of  the  con- 
tract, and  before  commencement  of  school,  is  not  a  compliance  with  the  statute. 
— McCloskey  v.  Sch.  Dist,  134/235. 


Consent  of 
trustees 
necessary  to 
change  in 
boundaries 
of  district. 


Such  districts 
not  restricted 
in  size. 
Proviso. 


Appellants  to 
file  bond. 


(127.)  §  4749.  SEC.  4.  No  alterations  shall  be  made  in 
the  boundaries  of  any  graded  school  district  without  the  con- 
sent of  a  majority  of  the  trustees  of  said  district,  which  con- 
sent shall  be  spread  upon  the  record  of  the  district,  and 
placed  on  file  in  the  office  of  the  clerk  of  the  board  of  school 
inspectors  of  the  township  or  city  to  which  the  reports  of  said 
district  are  made;  and  graded  school  districts  shall  not  be  re- 
stricted to  nine  sections  of  land:  Provided,  however,  That 
any  three  or  more  tax  paying  electors  having  children  betAveen 
the  ages  of  five  and  twelve  years,  residing  one  and  one-half 
miles  or  more  from  a  schoolhouse  in  such  district,  feeling 
themselves  aggrieved  by  any  action,  order,  or  decision  of  the 
board  of  trustees  with  reference  to  the  alteration  of  said 
school  district,  affecting  their  interests,  may,  at  any  time 
within  sixty  days  from  the  time  of  such  action  on  the  part  of 
said  board  of  trustees,  appeal  from  such  action,  order  or  de- 
cision of  such  board  of  school  trustees,  to  the  judge  of  probate 
of  the  county  in  which  such  schoolhouse  is  situated,  in  the 
same  manner,  as  nearly  as  may  be,  as  appeals  from  the  action 
of  inspectors,  as  provided  by  chapter  nine  of  this  act.  Said 
appellants  shall  file  a  bond  with  said  judge  of  probate,  with 
sufficient  sureties,  to  be  approved  by  said  judge  of  probate, 
in  the  penal  sum  of  two  hundred  dollars,  indemnifying  said 
school  district  of  any  and  all  costs  made  on  such  appeal  in 
case  the  appellants  shall  not  prevail  therein.  Whereupon  said 
judge  of  probate  shall  be  empowered  to  entertain  such  appeal, 
and  review,  confirm  or  set  aside  or  amend  the  action  of  the 
board  of  trustees  appealed  from. 

Am.  1899,  Act  258. 

NO  ALTERATION:     This  provision  is  not  intended  to  take  from  the  board 
of   supervisors   their   constitutional   power   to   erect  townships,   but   the   prohi- 


GENERAL  SCHOOL  LAWS.  55 


bition  applies  only  to  inspectors.  —  People  v.  Ryan,  19  /  207.  Township 
school  inspectors  cannot  enlarge  a  graded  school  district  by  adding  unorgan- 
ized territory,  though  they  may,  with  the  consent  of  the  trustees,  transfer  to 
its  jurisdiction  territory  previously  organized  into  primary  districts.  —  Simp- 
kins  v.  Ward,  45  /  559.  The  action  of  the  board  of  inspectors  in  detaching 
territory  from  a  graded  school  district  is  void,  unless  the  inspectors  have 
before  them  legal  evidence  of  a  consent  of  a  majority  of  the  trustees  of  the 
graded  school  district.  —  Burnett  v.  Inspectors,  97  /  103.  Addition  of  territory 
by  legislative  action.  —  Keweenaw  Ass'n  v.  Sch.  Dist.,  98/439-41. 


(128.)     §  4750.     SEC.  5.     Whenever  two  or  more  contign-  uniting  of 
ous  districts,  having  together  more  than  one  hundred  children  districts'  to 
between  the  ages  of  five  and  twenty  years,  after  having  pub-  *2™0fraded 
lished  in  the  notices  of  the  annual  meetings  of  each  district  district. 
the  intention  to  take  such  action,  shall  severally,  by  a  vote 
of  two-thirds  of  the  qualified  voters  attending  the  annual  meet- 
ings in  said  districts  determine  to  unite  for  the  purpose  of  es- 
tablishing a  graded  school  district  under  the  provisions  of  this 
chapter,  the  school  inspectors  of  the  township  or  townships  in 
which  such  districts  may  be  situated  shall,  on  being  properly 
notified  of  such  vote,  proceed  to  unite  such  districts,  and  shall 
appoint'as  soon  as  practicable,  a  time  and  place  for  a  meeting 
of  the  new  district,  and  shall  require  three  notices  of  the  same 
to  be  posted  in  each  of  the  districts  so  united  at  least  five  days 
before  the  time  of  such  meeting,  and  at  such  meeting  the  dis-  Election  of 
trict  shall  elect  a  board  of  trustees,  as  provided  in  section  one  trustees. 
of  this  chapter,  and  may  do  whatever  business  may  be  done 
at  any  annual  meeting. 

(129.)     §  4751.     SEC.  6.     Whenever  the  trustees  of  any  or-  Duty  of 
ganized  graded,  school  district  shall  be  presented  twenty  days  certain8  caJses, 
before  the  annual  meeting  thereof  with  a  petition  signed  by  ten  etc- 
electors  of  said  district,  stating  that  it  is  the  desire  of  said 
petitioners  that  at  the  annual  meeting  of  said  school  district 
there  shall  be  submitted  to  said  annual  meeting  the  proposi- 
tion to  change  from  a  graded  school  district  to  one  or  more 
primary  school  districts  the  said  trustees  shall,  in  their  notice 
of  such  annual  meeting,  state  that  the  proposition  set  forth 
in  said  petition  will  be  presented  to  said  meeting,  and  if  two-  in  case  of  v.>te 
thirds  of  the  qualified  voters  present  at  said  meeting  shall  vote  etc?ha 
to  change  to  one  or  more  primary  school  districts  such  change 
shall  be  made,  and  it  shall  be  the  duty  of  the  board  of  school 
inspectors  of  the  township  -or  townships  in  which  such  dis- 
trict is  situated,  upon  being  duly  notified  of  such  vote  to  pro- 
ceed to  change  or  divide  such  district  as  determined  by  such 
annual  meeting,  and  they  shall  provide  for  the  holding  of  the 
first  meeting  in  the,  or  each  of  the,  proposed  primary  school 
districts  in  the  same  manner  as  is  provided  for  by  law  for  the 
organization  of  primary  school  districts,  and  whenever  a  frac- 
tional graded  school  district  shall  be  so  changed,  the  township 
boards  of  school  inspectors  of  the  respective  townships  where 
such  graded  school  district  is  situated,  shall  organize  the  said 
district  into  one  or  more  primary  school  districts,  as  provided 
for  by  law. 


56 


GENERAL  SCHOOL  LAWS. 


CHAPTER  XL 


LIBRARIES. 


Township 
libraries  to  be 
maintained. 


Who  are  en- 
titled to  privi- 
leges of 
library. 

Proviso. 


Inspectors  to 
have  charge  of 
library  and 
library 
moneys. 


Inspectors 
accountable 
for  care,  etc., 
of  library. 
Power  of 
inspectors. 


Township 
library. 

Librarian, 
duties,  etc. 


School  dis- 
trict may 
establish 
library. 
Entitled  to 
books  and 
moneys. 


(130.)  §  4752.  SECTION  1.  A  township  library  shall  be 
maintained  in  each  organized  township,  which  shall  be  the 
property  of  the  township,  and  shall  not  be  subject  to  sale  or 
alienation  from  any  cause  whatever.  All  actions  relating  to 
such  library,  or  for  the  recovery  of  any  penalties  lawfully 
established  in  relation  thereto,  shall  be  brought  in  the  name 
of  the  township. 

(131.)  §  4753.  SEC.  2.  All  persons  who  are  residents  of 
the  township  shall  be  entitled  to  the  privileges  of  the  town- 
ship library,  subject  to  such  rules  and  regulations  as  may  be 
lawfully  established  in  relation  thereto:  Provided,  That  per- 
sons residing  within  the  boundaries  of  any  school  district  in 
which  a  district  library  has  been  established  shall  be  entitled 
to  the  privileges  of  such  district  library  only. 

(132.)  §  4754.  SEC.  3.  The  township  board  of  school  in- 
spectors shall  have  charge  of  the  township  library,  and  shall 
apply  for  and  receive  from  the  township  treasurer  all  moneys 
appropriated  for  the  township  library  of  their  township,  and 
shall  purchase  the  books  and  procure  the  necessary  append- 
ages for  such  library. 

(133.)  §  4755.  SEC.  4.  Said  board  shall  be  held  account- 
able for  the  proper  care  and  preservation  of  the  township 
library,  and  shall  have  power  to  provide  for  the  safe  keep- 
ing of  the  same,  to  prescribe  the  time  for  taking  and  return- 
ing books,  to  assess  and  collect  fines  and  penalties  for  the 
loss  or  injury  of  said  books,  and  to  establish  all  other  needful 
rules  and  regulations  for  the  management  of  the  library,  as 
said  board  shall  deem  proper,  or  the  superintendent  of  public 
instruction  may  advise. 

(134.)  §  4756.  SEC.  5.  The  board  of  school  inspectors 
shall  cause  the  township  library  to  be  kept  at  some  central  or 
eligible  place  in  the  township,  which  it  shall  determine.  Such 
board  shall  also,  within  ten  days  after  the  annual  township 
meeting,  appoint  a  librarian,  for  the  term  of  one  year,  to  have 
the  care  and  superintendence  of  said  library,  who  shall  be 
responsible  to  the  board  of  school  inspectors  for  the  impartial 
enforcement  of  all  rules  and  regulations  lawfully  established 
in  relation  to  said  library. 

(135.)  §  4757.  SEC.  6.  Any  school  district,  by  a  two- 
thirds  vote  at  any  annual  meeting,  may  establish  a  district  li- 
brary, and  such  district  shall  be  entitled  to  its  just  proportion 
of  books  from  the  library  of  any  township  in  which  it  is  wholly 
or  partly  situated,  to  be  added  to  the  district  library,  and  also 
to  its  equitable  share  of  any  library  moneys  remaining  unex- 


GENERAL  SCHOOL  LAWS.  57 

pended  in  any  such  township  or  townships  at  the  time  of  the 
establishment  of  such  a  district  library,  or  that  shall  there- 
after be  raised  by  tax  in  such  township  or  townships,  or  that 
shall  thereafter  be  apportioned  to  the  township  to  the  in- 
spectors of  which  the  annual  report  of  its  director  is  made. 

(136.)  §  4758.  SEC.  7.  The  district  board  of  any  school  District  board 
district  in  which  a  district  library  may  be  established  in  ac- 
cordance  with  the  provisions  of  this  act,  shall  have  charge  of 
such  library;  and  the  duties  and  responsibilities  of  said  dis- 
trict board  in  relation  to  the  district  library,  and  all  moneys 
raised  or  apportioned  for  its  support,  shall  be  the  same  as 
those  of  the  board  of  school  inspectors  are  to  the  township 
library. 

Libraries  are  within  the  proper  range  of  school  apparatus ;  and  there  is 
nothing  in  our  laws 'which  cuts  off  public  corporations  from  accepting  benevo- 
lent offerings  to  enable  them  to  extend  their  usefulness  and  benefit  their  peo- 
ple, by  enlarging  their  opportunities  for  culture  and  refinement  without  multi- 
plying or  increasing  their  burdens. — Maynard  v.  Woodard,  36  /  425,  427. 

(137.)  §  4759.  SEC.  8.  The  school  inspectors  shall  give  inspectprs  to 
in  their  annual  report  to  the  superintendent  of  public  instruc-  stat°isticsbtory 
tion,  such  facts  and  statistics  relative  to  the  management  of 
the  township  library  and  the  library  moneys,  as  the  superin- 
tendent of  public  instruction  shall  direct;  and  the  district 
board  of  any  school  district  having  a  library,  shall  cause  to  be 
given  in  the  annual  report  of  the  director  to  the  board  of 
school  inspectors,  like  facts  and  statistics  relative  to  the  dis- 
trict library,  which  items  shall  also  be  included  by  the  said 
inspectors  in  their  annual  report. 

(138.)     §  4760.     SEC.  9.     In  case  the  board  of  school  in- Failure  to 
spectors  of  any  township,  or  the  district  board  of  any  school 
district,  shall  fail  to  make  the  report  required  by  the  preced-  °* 
ing  section,  or  in  case  it  shall  appear  from  the  reports  so  made  Jj 
that  any  township  or  school  district  has  failed  to  use  the  thereafter. 
library  money  in  strict  accordance  with  the  provisions  of  law, 
such  township  or  district  shall  forfeit  its  share  of  the  library 
moneys  that  are  apportioned,  and  the  same  shall  be  appor- 
tioned to  the  several  other  townships  and   districts  in  the 
county  as  hereinafter  provided :   Provided,  That  in  townships  proviso, 
where  the  boards  thereof  shall  determine  and  report  to  the 
superintendent  that  the  public  will  be  better  served  by  using 
the  said  money  for  general  school  purposes,  no  such  forfeiture 
shall  occur. 

(139.)  §  4761.  SEC.  10.  The  superintendent  of  public  state  super- 
instruction  shall  annually,  and  previous  to  the  tenth  day  of  ipnrt0e^|nt  to 
May,  transmit  to  the  clerk  of  each  county  a  statement  of  the  county  clerk 
townships  in  his  county  that  are  entitled  to  receive  library 
moneys,  giving  the  number  of  children  in  each  of  such  town- 
ships between  the  ages  of  five  and  twenty  years,  as  shall  ap- 
pear from  the  reports  of  the  boards  of  school  inspectors  for  the 
school  year  last  ending;  said  clerk  shall  file  such  statement  in 
his  office,  and  shall  forthwith  furnish  a  copy  thereof  to  the 
county  treasurer. 
8 


58 


GENERAL  SCHOOL  LAWS. 


Fines  for 
breach  of 
penal  laws 
to  be  appor- 
tioned for 
township 
and  district 
libraries. 


Voters  may 
levy  tax  for 
support  of 
libraries. 


How  tax  to  be 
reported, 
assessed  and 
collected. 


District  board 
may  give  or 
sell  books  to 
township 
library. 


(140.)  §  4762.  SEC.  11.  The  clear  proceeds  of  all  fines 
for  any  breach  of  the  penal  laws  of  this  State  and  for  penalties 
or  upon  any  recognizance  in  criminal  proceedings,  and  all 
equivalents  for  exemption  from  military  duty  when  collected 
in  any  county  and  paid  into  the  cojinty  treasury,  together 
with  all  moneys  heretofore  collected  and  paid  into  said  treas- 
ury on  account  of  such  fines  or  equivalents,  and  not  already 
apportioned,  shall  be  apportioned  by  the  county  treasurer  be- 
fore the  first  day  of  June  in  each  year,  among  the  several 
townships  in  the  county,  according  to  the  number  of  children 
therein,  between  the  ages  of  five  and  twenty  years,  as  shown 
by  the  statement  of  the  superintendent  of  public  instruction 
provided  for  in  the  preceding  section,  which  money  shall  be 
exclusively  applied  to  the  support  of  the  township  and  district 
libraries,  and  to  no  other  purpose. 

FINES,  ETC. :     See  Const,  xiii,  12,  and  notes  thereto. 

(141.)  §  4763.  SEC.  12.  The  qualified  voters  of  each 
township  shall  have  power  at  any  annual  township  meeting,  to 
vote  a  tax  for  the  support  of  libraries  established  in  accord- 
ance with  the  provisions  of  this  act,  and  the  qualified  voters  of 
any  school  district,  in  which  a  district  library  shall  be  estab- 
lished, shall  have  power,  at  any  annual  meeting  of  such  dis- 
trict, to  vote  a  district  tax  for  the  support  of  said  district 
library.  When  any  tax  authorized  by  this  section  shall  have 
been  voted,  it  shall  be  reported  to  the  supervisor,  levied  and 
collected  in  the  same  manner  as  other  township  and  school  dis- 
trict taxes. 

(142.)  §  4764.  SEC.  13.  The  district  board  of  any  school 
district  may  donate  or  sell  any  library  book  or  books  belong- 
ing to  such  district  to  the  board  of  school  inspectors  of  the 
township  or  townships  in  which  said  district  is  wholly  or 
partly  situated,  which  book  or  books  shall  thereafter  form  a 
part  of  the  township  library. 


CHAPTER  XIII. 


PENALTIES  AND  LIABILITIES. 


Penalty  on 
inhabitant 
for  neglect 
of  duty. 


Penalty  on 
district  officer 
for  neglecting 
or  refusing  to 
perform 
duties. 


(143.)  §  4765.  SECTION  1.  Any  taxable  inhabitant  of  a 
newly  formed  district  receiving  the  notice  of  the  first  meeting, 
who  shall  neglect  or  refuse  duly  to  serve  and  return  such 
notice,  and  every  chairman  of  the  first  district  meeting  in  any 
district,  who  shall  wilfully  neglect  or  refuse  to  perform  the 
duties  enjoined  on  him  in  this  act,  shall  respectively  forfeit 
the  sum  of  five  dollars. 

(144.)  §  4766.  SEC.  2.  Any  person  duly  elected  to  the 
office  of  moderator,  director,  treasurer,  or  trustee  of  a  school 
district,  who  shall  neglect  or  refuse,  without  sufficient  cause, 
to  accept  such  office  and  serve  therein,  or  who,  having  entered 


GENERAL  SCHOOL  LAWS.  59 

upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  perform 
any  duty  required  of  him  by  virtue  of  his  office,  shall  forfeit 
the  sum  of  ten  dollars. 

Am.  1901,  Act  165. 

Hinman  v.   Sch.   Dist.,  4  /  170. 

If  the  district,  by  an  officer's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  or  judgment,  the  district  in  its  corporate  capacity  must  recover  the 
amount,  but  individual  citizens,  who  have  been  taxed  to  satisfy  the  judgment, 
cannot  fecover  their  taxes  from  such  officer.  —  Wall  v.  Eastman,  1  /  268. 

(145.)      §  4767.     SEC.  3.     Any  person  duly  elected  or  ap-  Penalty  on 
pointed  a  school  inspector,  who  shall  neglect  or  refuse,  with- 
out  sufficient  cause,  to  qualify  and  serve  as  such,  or  who,  hav-  refusal. 
ing  entered  upon  the  duties  of  his  office  shall  neglect  or  refuse 
to  perform  any  duty  required  of  him  by  virtue  of  his  office, 
shall  forfeit  the  sum  of  ten  dollars. 

(146.)     §  4768.     SEC.  4.     If  any  board  of  school  inspectors  Liability  of 
shall  neglect  or  refuse  to  make  and  deliver  to  the  township 
clerk  their  annual  report  as  required  by  this  act,  within  the  report. 
time  limited  therefor,  they  shall  be  liable  to  pay  the  full 
amount  of  money  lost  by  their  failure,  with  interest  thereon, 
to  be  recovered  by  the  township  treasurer  in  the  name  of  the 
'township,  in  an  action  of  debt,  or  on  the  case;  and  if  any  town-  Liability  of 
ship  clerk  shall  neglect  or  refuse  to  transmit  the  report  herein 
mentioned  within  the  time  limited  therefor,  he  shall  be  liable 
to  pay  the  full  amount  lost  by  such  neglect  or  refusal,  with 
interest  thereon,  to  be  recovered  in  an  action  of  debt,  or  on 
the  case. 

(147.)     §  4769.     SEC.  5.     Any  county  clerk  who  shall  neg-  Liability  of 
lect  or  refuse  to  transmit  to  the  superintendent  of  public  in- 


struction  the  reports  required  by  this  act,  within  the  time  £°  t0rratnsmit 
therefor  limited,  shall  be  liable  to  pay  to  each  township  the 
full   amount   which   such   township,    or   any    school    district 
therein,  shall  lose  by  such  neglect  or  refusal,  with  interest 
thereon,  to  be  recovered  in  an  action  of  debt,  or  on  the  case. 

•(148.)     §  4770.     SEC.  6.     All  the  moneys  collected  or  re-Howmoneys 
ceived   by  any   township  treasurer  under  the  provisions   of  ScoSn^of11 
either  of  the  two  last  preceding  sections,  shall  be  apportioned  SfJ^osed  of  " 
and  distributed  to  the  school  districts  entitled  thereto,  in  the 
same  manner  and  in  the  same  proportion  that  the  moneys  lost 
by  any  neglect  or  refusal  therein  mentioned  would,  according 
to  the  provisions  of  this  act,  have  been  apportioned  and  dis- 
tributed. 

(149.)     §  4771.     SEC.  7.     Any    township    clerk    who"   shall  Labiiitj  of 
neglect  or  refuse  to  certify  to  the  supervisor  any  school  district 
taxes  that  have  been  reported  to  him  as  required  by  this  act, 
and  any  supervisor  wilfully  neglecting  to  assess  any  such  tax  district  taxes. 
shall  be   liable  to   any   district  for  any   damage  occasioned 
thereby,  to  be  recovered  by  the  treasurer  in  the  name  of  the 
district,  in  an  action  of  debt,  or  on  the  case. 

Am.  1901,  Act  165. 


60  GENERAL-SCHOOL  LAWS. 

when  town-         (150.)     §  4772.     SEC.  8.     The    township    board     of    each 
removeacedr-to   township,  and  in  the  case  of  fractional  school  districts,  the 
tain  officers,      township  board  of  the  township  in  which  the  district  school- 
house  thereof  is  situated,  shall  have  power  and  is  hereby  re- 
quired to  remove  from  office,  upon  satisfactory  proof,  after  at 
least  five  days'  notice  to  the  party  implicated,  any  district  offi- 
cer or  school  inspector  who  shall  have  illegally  used  or  dis- 
posed of  any  of  the  public  moneys  entrusted  to  his  charge,  or 
who  shall  persistently  and  without  sufficient  cause  refuse  or 
Township        neglect  to  discharge  any  of  the  duties  of  his  office.     And  in 
recordorder     cas^  of  such  removal  it  shall  be  the  duty  of  the  township  clerk 
for  removal.     of  $uc]i  township  to  enter  in  the  records  of  such  township  the 
resolution  or  order  of  such  board,  for  such  removal ;  and  such 
record  of  such  resolution  or  order  so  entered,  or  a  certified 
copy  thereof,  shall  be  prima  facie  evidence  in  all  courts  and 
places  of  the  jurisdiction  of  such  board  and  of  the  regularity 
Party  re-         of  the  proceedings  for  such  removal,  and  (unless  the  party  so 
pro-   removed  shall,  within  thirty  days  after  such  removal,  institute 
of      proceedings  before  a  court  of  competent  jurisdiction  for  the 
order  of  town-  removal  of  such  order  for  removal,  or  if  after  such  thirty  days 
ird'       such  proceedings  to  obtain  such  removal  shall  be  discontinued 
or  dismissed)  shall  be  conclusive  evidence  of  jurisdiction  and 
regularity,  if  it  shall  appear  that  the  party  so  removed  had 
five  days'  notice  of  the  time  and  place  fixed  by  said  board  for 
the  hearing  of  the  case  as  aforesaid. 

REMOVAL :  When  a  member  of  the  board  is  interested  in  the  subject  for 
consideration  in  the  matter  of  removal,  he  is  not  competent  to  act. — Stock  well 
v.  Twp.  Bd.  of  White  Lake,  22  /  341.  When  interest  deemed  too  remote  to 
disqualify. — Hamtramck  Twp.  Bd.  v.  Holihan,  46  /  127.  Proceedings  to  remove 
are  not  invalidated  because  the  board  did  not  meet  to  agree  on  the  notice 
under  which  the  proceedings  were  taken. — Wenzel  v.  Dorr  Twp.  Bd.,  49  /  25. 
The  statute  contemplates  that  no  steps  shall  be  taken  until  the  action  of  the 
proper  authorities  has  been  invoked  by  complaint  of  some  definite  violation  of 
duty.  But  preliminary  formalities  may  be  waived.— Geddes  y.  Thomastown 
Twp.,  46  /  318.  The  action  of  the  board  is  final  unless  speedily  brought  up 
for  review. — Id.  The  proceedings  are  in  the  nature  of  a  judicial  investigation. 
— Stockwell  v.  White  Lake  Twp.  Board,  22/341. 

CAUSES  FOR  REMOVAL :  The  township  board  is  the  exclusive  judge  of 
the  facts  on  which  it  is  authorized  to  remove  a  school  officer. — Hamtramck 
Twp.  Bd.  v.  Holihan,  46  /  127.  Refusal  to  sign  the  director's  orders  for  the 
payment  of  money  is  not  alone  sufficient  cause  for  removal  of  the  moderator, 
for  he  has  a  right  to  determine  for  himself  whether  the  order  should  be  issued. 
— Stockwell  v.  White  Lake  Twp.  Bd.,  22  /  341.  Persistent  refusal  by  a  director, 
without  cause,  to  make  needed  repairs  in  the  school-house  furniture,  etc.,  is 
sufficient  cause  for  removal. — Hamtramck  Twp.  Bd.  v.  Holihan,  46  /  127.  Wil- 
ful refusal  of  a  director  to  sign  a  teacher's  contract,  or  to  accept  and  file  it, 
or  to  draw  pay  orders  under  the  contract,  and  obstinate  neglect  to  furnish 
necessary  school  supplies  may  be  taken  into  account  in  proceedings  for  re- 
moval.— Geddes  v.  Thomastown,  46  /  316.  A  woman  moderator  cannot  be  re- 
moved for  hiring  her  husband  to  teach  the  school. — Hazen  v.  Akron  Twp.  Bd., 
48  /  188.  Nor  a  director  for  the  purchase,  in  his  discretion,  of  new  seats  for 
the  school-house,  under  an  order  of  the  annual  meeting  "to  fix  the  school-house 
for  the  winter  term." — McLaren  v.  Akron  Twp.  Bd..  48  /  189. 

CERTIORARI  :  Lies  to  review  the  proceedings  of  a  township  board  in  re- 
moving a  school  officer. — Stockwell  v.  White  Lake  Twp.  Bd.,  22  /  341  ;  Craw- 
ford v.  Twp.  Boards,  22  /  405  ;  24  /  248  ;  Merrick  v.  Arbela-  Twp.  Bd.,  41  /  630. 
But  mere  insufficiency  of  evidence  to  establish  the  cause  for  removal  will  not 
warrant  a  reversal  of  the  board's  determination,  the  board  being  the  exclusive 
judge  of  the  facts. — Hamtramck  Twp.  Bd.  v.  Holihan,  46  /  127.  Township 
clerk's  return  as  to  testimony  taken  by  the  board  presumed  true. — Taylor  v. 
Shimmel,  107  /  676. 


GENERAL  SCHOOL  LAWS.  61 

(151.)     §  4773.     SEC.  9.     No  school  officer,  superintendent,  School  officers 
or  teacher  of  schools,  shall  act  as  agent  for  any  author,   pub-  not  to  acteas 
lisher,  or  seller  of  school  books,  or  shall  directly  or  indirectly 
receive  any  gift  or  reward  for  his  influence  in  recommending 
the  purchase  or  use  of  any  library  or  school  book  or  school 
apparatus,  or  furniture  whatever,  nor  shall  any  school  officer  School  officers 
be  personally  interested  in  any  way  whatever  in  any  contract  i 
with  the  district  in  which  he  may  hold  office.     Any  act  or  neg- 
lect  herein  prohibited,  performed  by  any  such  officer,  super- 
intendent,  or  teacher,  shall  be  deemed  a  misdemeanor. 

(152.)     §  4774.     SEC.  10.     All  provisions  of  this  act  shall 
apply  and  be  in  force  in  every  school  district,  township,  city  appy. 
and  village  in  this  State,  except  such  as  may  be  inconsistent 
with  the  direct  provisions  of  some  special  enactment  of  the 
legislature. 

Johnston  v.   Mitchell,   120/589. 


MISCELLANEOUS    PROVISIONS    RELATIVE    TO    EDIT- 
CATION  AND  THE  SCHOOLS. 

An  Act  to  regulate  the  uniformity  of,  and  to  provide  free  school  text- 
books in  public  schools  throughout  the  State,  and  the  distribution 
of  the  same,  and  to  repeal  all  statutes  and  acts  contravening  the 
provisions  of  this  act. 

[Act  147,  1889.] 

The  People  of  the  State  of  Michigan  enact: 

(153.)     §  4775.     SECTION    1.     That    from    and    after   June  When  board 
thirtieth,  eighteen  hundred  and  ninety,  each  school  board  of 
the  State  shall  purchase,  when  authorized,  as  hereinafter  pro- 
vided, the  text-books  used  by  the  pupils  of  the  schools  in  its 
district  in  each  of  the  following  subjects,  to  wit :  Orthography,  subjects, 
spelling,  writing,  reading,  geography,  arithmetic,  grammar  (in- 
cluding language  lessons),  national  and  State  history,  civil 
government,  and  physiology  and  hygiene ;  but  text-books  once  change, 
adopted  under  the  provisions  of  this  act  shall  not  be  changed 
within  five  years :    Provided,  That  the  text-book  on  the  subject  Proviso, 
of  physiology  and  hygiene  must  be  approved  by  the  State 
Board  of  Education,  and  shall  in  every  way  comply  with  sec- 
tion fifteen  of  act  number  one  hundred  and  sixty-five  of  the 
public  acts  of  eighteen  hundred  and  eighty-seven,  approved 
June  ninth,  eighteen  hundred  and  eighty-seven :  And  provided  Further 
further,   That  all  text-books  used  in  any  school  district  shall  provlso' 
be  uniform  in  any  one  subject. 

The  section  above  referred  to  is  Section  58. 

FREE  TEXT-BOOKS  :  It  has  never  been  claimed  that  school  boards  have 
the  power  to  furnish  free  text-books  except  by  virtue  of  special  legislation. — 
Bd.  of  Education  v.  Detroit,  80/548. 

TEXT-BOOKS:      The   provision   of   the   law   that   books   once   adopted   shall 


62 


GENERAL  SCHOOL  LAWS. 


not  be  changed  within  five  years  was  designed  to  protect  the  public  and  not  for 
the  benefit  of  book  publishers. 

A  resolution  of  the  board  directing  the  purchase  of  a  specified  text-book 
for  use  in  the  schools  constituted  an  adoption  of  that  book.  The  five  years 
began  to  run  from  the  date  of  such  resolution,  not  from  the  time  the  book  was 
completely  installed  in  the  school.  A  resolution  of  the  board  to  purchase 
certain  text-books  for  "supplementary  use"  shows  no  intention  to  adopt,  and 
is  illegal  and  void. — Att'y  Gen'l.  ex  rel.  Marr  v.  Bd.  of  Edu.  Detroit ;  D.  C. 
Heath  &  Co.  v.  same,  133  /  681. 


Board  to 
select  the 
kind. 


Proviso. 


Notice  to  vote 
on  question. 


Books  tt>  be 
property  of 
district,  etc. 


Proviso. 


Further 
proviso. 


Board  to  con' 
tract  with 
publishers, 
etc. 


Proviso. 


Board  to 
make  annual 
estimate  of 
amount  to  be 
raised. 


(154.)  §  4776.  SEC.  2.  The  district  board  of  each  school 
district  shall  select  the  kind  of  text-books  on  subjects  enumer- 
ated in  section  one  to  be  taught. in  schools  of  their  respective 
districts :  Provided,  That  nothing  herein  contained  shall  re- 
quire any  change  in  text-books  now  in  use  in  such  district. 
They  shall  cause  to  be  posted  in  a  conspicuous  place,  at  least 
ten  days  prior  to  the  first  annual  school  meeting  from  and 
after  the  passage  of  this  act,  a  notice  that  those  qualified  to 
vote  upon  the  question  of  raising  money  in  said  district  shall 
vote  at  such  annual  meeting  to  authorize  said  district  board  to 
purchase  and  provide  free  text-books  for  the  use  of  the  pupils 
in  said  district.  If  a  majority  of  all  the  voters  as  above  pro- 
vided present  at  such  meeting  shall  authorize  said  board  to 
raise  by  tax  a  sum  sufficient  to  comply  with  the  provisions  of 
this  act,  the  district  board  shall  thereupon  make  a  list  of  such 
books  and  file  one  copy  with  the  township  clerk  and  keep  one 
copy  posted  in  the  school,  and  due  notice  of  such  action  by  the 
district  shall  be  noted  in  the  annual  report  to  the  superin- 
tendent of  public  instruction.  The  district  board  shall  take 
the  necessary  steps  to  purchase  such  books  for  the  use  of  all 
pupils  in  the  several  schools  of  their  district,  as  hereinafter 
provided.  The  text-books  so  purchased  shall  be  the  property 
of  the  district  purchasing  the  same,  and  shall  be  loaned  to 
pupils  free  of  charge,  under  such  rules  and  regulations  for 
their  careful  use  and  return  as  said  district  board  may  estab- 
lish: Provided,  That  nothing  herein  contained  shall  prevent 
any  person  from  buying  his  or  her  books  from  the  district 
board  of  the  school  in  which  he  or  she  may  attend :  Provided 
further,  That  nothing  herein  contained  shall  prevent  any  dis- 
trict having  once  adopted  or  rejected  free  text-books  from 
taking  further  action  on  the  same  at  any  subsequent  annual 
meeting. 

(155.)  §  4777.  SEC.  3.  It  shall  be  the  duty  of  the  district 
board  of  any  school  district  adopting  free  text-books  provided 
for  in  this  act  to  make,  a  contract  with  some  dealer  or  pub- 
lisher to  furnish  books  used  in  said  district  at  a  price  not 
greater  than  the  net  wholesale  price  of  such  books :  Provided, 
That  any  district  may,  if  it  so  desires,  authorize  its  district 
board  to  advertise  for  proposals  before  making  such  contract. 

(156.)  §  4778.  SEC.  4.  The  district  board  of  every  school 
district *in  the  State  adopting  free  text-books  under  this  act 
shall  make  and  prepare  annually  an  estimate  of  the  amount  of 
money  necessary  to  be  raised  to  comply  with  the  conditions  of 
this  act,  and  shall  add  such  amount  to  the  annual  estimates 
made  for  money  to  be  raised  for  school  purposes,  for  the  next 


GENERAL  SCHOOL  LAWS.  63 

ensuing  year.  Said  sum  shall  be  in  addition  to  the  amount 
now  provided  by  law  to  be  raised;  which  amount  each  town- 
ship clerk  shall  certify  to  the  supervisor  of  his  township  to  be 
assessed  upon  the  taxable  property  of  the  respective  districts 
as  provided  by  law  for  raising  the  regular  annual  estimates 
of  the  respective  district  boards  for  school  purposes,  and 
when  collected  shall  be  paid  to  the  district  treasurer  in  the 
same  manner  as  all  other  money  belonging  to  said  district  is 
paid. 

(157.)  §  4779.  SEC.  5.  On  the  first  day  of  February  next  when  director 
after  the  tax  shall  have  been  levied,  the  director  of  said  dis- 
d-'ct  may  proceed  to  purchase  the  books  required  by  the  pupils 
of  his  district  from  the  list  mentioned  in  section  one  of  this 
act,  and  shall  draw  his  warrant,  countersigned  by  the  moder- 
ator, upon  the  treasurer  or  assessor  of  the  district  for 
price  of  the  books  so  purchased,  including  the  cost  of  trans- 
portation. 

(158.)      §  4780.     SEC.  G.     If  the  officers  of  any  school  dis- Refusal  or 
IT  let,  which  has  so  voted  to  supply  itself  with  text-books,  shall  Sufya1  mis- 
refuse  or  neglect  to  purchase  at  the  expense  of  the  district  for  demeanor. 
the  use  of  the  pupils  thereof,  the  text-books  as  enumerated  in 
section  one  of  this  act,  or  to  provide  the  money  therefor  as 
herein  prescribed,  each  officer  or  member  of  such  board  so  re- 
fusing or  neglecting  shall  be  deemed  guilty  of  a  misdemeanor, 
and    upon    conviction   thereof   before   a   court   of  competent  Penalty, 
jurisdiction,  shall  be  liable  to  a  penalty  of  not  more  than  fifty 
dollars  or  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  thirty  days,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court:    Provided,    That  any  district  proviso, 
board  may  buy  its  books  of  local  dealers  if  the  same  can  be 
purchased   and   delivered   to   the   director   as   cheaply   as   if 
bought  of  the  party  who  makes  the  lowest  bid  to  the  district 
board :  Provided  further,  That  school  districts  in  cities  organ-  Further 
ized  under  special  charters  shall  be  exempt  from  the  provi-  pro 
^ions  of  this  act,  but  such  districts  may,  when  so  authorized  in  cities, 
by  a  majority  vote  of  their  district  boards,  submit  the  ques-  submit  qSL 
tion  of  free  text-books  to  the  qualified  voters  of  said  districts.  of°districtters 
If  a  majority  of  the  qualified  electors  vote  in  favor  of  furnish- 
ing  free  text-books,  such  district  boards  shall  have  authority 
to  proceed  under  the  provisions  of  this  act. 

SPECIAL  CHARTERS:  The  action  of  the  Detroit  board  of  education,  in 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  sec- 
iton,  was  held  absolutely  void. — Bd.  of  Ed.  v.  Detroit,  80  /  551. 


64 


GENERAL  SCHOOL  LAWS. 


An  Act  to  prescribe  and  define  a  course  of  studies  to  be  taught  in  the 
district  schools  of  this  State  which  shall  be  known  as  the  Agricul- 
tural College  Course. 

[Act  181,  1897.] 

The  People  of  the  State  of  Michigan  enact: 

whotopre-  (159.)  §  4791.  SECTION  1.  That  the  superintendent  of 
suidy?°urse  3f  public  instruction  shall  prepare  for  district  schools  a  course 
of  study,  comprising  the  branches  now  required  for  third  grade 
certificates,  which  shall  be  known  and  designated  "the  agricul- 
tural college  course,"  and  upon  the  satisfactory  completion 
of  this  course  of  study,  as  evidenced  by  a  diploma  or  certificate 
duly  signed  by  the  county  commissioner  of  schools,  pupils 
shall  be  admitted  to  the  freshman  class  of  the  agricultural  col- 
lege  without  further  examination.  It  shall  be  the  duty  of  the 
secretary  of  the  agricultural  college  each  year  to  send  to  each 
rural  school  district  in  the  State  a  college  catalogue,  and  upon 
application  to  furnish  to  such  schools  such  other  information 
as  may  be  desired  relative  to  said  college.  Such  catalogue  and 
other  information  shall  be  kept  in  each  school  for  reference. 


coiiege 


to  school 


Dutyofdis- 
trict  board. 


An  Act  authorizing  the  introduction  of  the  kindergarten  method  in 
the  public  schools  of  this   State. 

*[Act  119,  1891.] 

The  People  of  the  State  of  Michigan  enact: 

(160.)  §  4792.  SECTION  1.  That  in  addition  to  the  duties 
imposed  by  law  upon  the  district  board  of  every  school  district 
in  this  State,  they  shall  also  be  empowered  to  provide  a  suit- 
able room  or  apartment  for  kindergarten  work,  and  to  supply 
their  district  respectively  with  the  necessary  apparatus  and 
appliances  for  the  instruction  of  children  in  what  is  known  as 
the  kindergarten  method. 

(161.)  §  4793.  SEC.  2.  In  the  employment  of  teachers  it 
shall  be  competent  for  such  district  board  to  require  qualifi- 
cations for  instruction  of  children  in  kindergarten  methods, 
an(j  the  district  board  may  provide  by  contract  with  the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor  under  such  rules  as  the  district  board  may  prescribe. 

(162.)  §  4794.  SEC.  3.  All  children  residing  within  the 
district  between  the  ages  of  four  and  seven  shall  be  entitled 

What  children       *As  to  ccrtificates»  and  Payment  of  kindergarten  teachers,  see  Comp.  section 

en  titled  to 

instruction. 


etc. 


GENERAL  SCHOOL  LAWS.  65 


to  instructions  in  the  kindergarten  department  of  such  district 
school. 

(163.)     §  4795.     SEC.  4.     The  powers  and  duties  herein  im-  Act  to  apply 
posed  or  conferred  upon  the  district  shall  also  be  and  the  same  otiSr  schools. 
are  hereby  imposed  and  conferred  upon  the  school  trustees  or 
board  of  education  or  other  body,  by  whatever  name  known, 
managing  or  controlling  the  public  schools  in  each  city  and  vil- 
lage of  this  State;  and  this  act  is  hereby  made  applicable  to 
every  public  school  organized  by  special  act  or  by  charter  as 
fully  as  if  they  were  named  herein. 


An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by 
which  the  dangerous  communicable  diseases  are  spread,  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases. 

[Act  146,  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(164.)     §  4796.     SECTION  1.     That  there  shall  be  taught  in  Methods  of 
every  year  in  every  public  school  in  Michigan  the  principal  JnSd™even- 
modes  by  which  each  of  the  dangerous  communicable  diseases  Dangerous 
are  spread,  and  the  best  methods  for  the  restriction  and  pre-  diseases  shall 
vention  of  each  such  disease.    The  State  Board  of  Health  shall  pubficsehoois 
annually  send  to  the  public  school  superintendents  and  teach- 
ers throughout  this  State  printed  data  and  statements  which 
shall  enable  them  to  comply  with  this  act.    School  boards  are 
hereby  required  to  direct  such  superintendents  and  teachers 
to  give  oral  and  blackboard  instruction,  using  the  -data  and 
statements  supplied  by  the  State  Board  of  Health. 

(165.)     §  4797.     SEC.  2.     Neglect  or  refusal  on  the  part  of  Penalty  for 
any  superintendent  or  teacher  to  comply  with  the  provisions  ?efffi to 
of  this  law  shall  be  considered  a  sufficient  cause  for  dismissal  p 
from  the  school  by  the  school  board.    Any  school  board  wil-  this  act. 
fully  neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.    This  act 
shall  apply  to  all  schools  in  this  State,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 
9 


GENERAL  SCHOOL  LAWS. 


An  Act  making  an  appropriation  for  the  use  of  the  State  Board  of 
Health,  to  enable  it  to  comply  with  act  one  hundred  and  forty-six, 
of  the  public  acts  of  eighteen  hundred  and  ninety-five,  entitled 
"An  act  to  provide  for  teaching  in  the  public  schools  the  modes  by 
which  th9  dangerous  communicable  diseases  are  spread  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases." 

[Act   11-',    IS'JT.J 

The  People  of  the  State  of  Michigan  enact: 

Appropriation,  (166.)  §  4798.  -SECTION  1.  That  the  sum  of  two  thousand 
five  hundred  dollars  per  annum,  is  hereby  appropriated  out 
of  the  general  fund,  to  enable  the  State  Board  of  Health  to 
comply  with  section  one  of  act  one  hundred  and  forty-six  of  the 
public  acts  of  eighteen  hundred  and  ninety-five.  Itemized  bills 
for  expenses  incurred  under  this  act  shall  be  audited  by  the 
State  Board  of  Health,  whereupon  the  Auditor  General  shall 
draw  his  warrant  for  the  amounts  allowed,  not  exceeding  the 
amount  appropriated,  and  the  amounts  thus  allowed  shall  be 
paid  from  the  State  treasury. 

(167.)  §4799.  SEC.  2.  The  Auditor  General  shall  add  to 
and  incorporate  with  the  taxes  for  each  year  the  amount  above 
appropriated,  which,  when  collected,  shall  be  passed  to  the 
rrodit  of  the  proper  fund. 


auditor 
general  to 
draw 
warrants. 


raxes  when 


disposition 


An  Act  to  provide  for  the  publication  of  the  proceedings  of  the  annual 
school  meeting,  and  an  annual  financial  statement  in  graded  school 
districts  in  which  a  newspaper  is  published,  and  to  provide  for  the 
expense  thereof,  and  fixing  a  penalty  for  failure  to  make  such 
publication. 

I  Aci   !«.",.   istiT.  ;;.-,  jiiuuiided  by  An  :;••:,,  ]!)03.] 

77* c  People  "/'  the.  State  of  Michigan  cuat-i: 

Proceedings  ut  (168.)  '§  4800.  SECTION  1.  Previous  to  the  first  Mou- 
n?eeth!g^ht°o01  day  in  August  of  each  year  the  board  of  education  or  board  of 
trustees,  as  the  case  may  be,  of  each  graded  school  district  in 
this  State  shall  cause  to  be  published  in  a  newspaper  published 
in  said  district  or  in  the  county  in  which  said  district  is  lo- 
cated, said  newspaper  to  be  designated  by  said  board  of  educa- 
tion, a  complete  statement  of  the  proceedings  of  the  annual 
school  meeting  and  an  itemized  financial  statement  of  the  re- 
ceipts and  expenditures  of  said  district  during  the  preceding 
school  year,  the  expense  of  said  publication  to  be  paid  out  of 
Hie  general  fund  of  the  district. 

penalty  for          (169.)     §  4801.     SEC.  2.     If    any    board    of   education   or 
neglect.  board  of  trustees  shall  Tail  or  neglect  to  comply  with  the  pro- 


published. 


GENERAL  SCHOOL  LAWS.  07 


visions  of  this  act  each  member  of  any  such  board  shall  forfeit 
the  sum  of  ten  dollars  upon  conviction  thereof  in  any  court  of 
competent  jurisdiction. 


An  Act  to  provide  for  the  purchase  and  display  of  United  States  flags 
in  connection  with  the  public  school  buildings  within  this  State. 

[Act  56,  1895.] 
The  People  of  the  State  of  Michigan  enact: 

(170.)      §  4802.     SECTION  1.     That  the  board  of  education  Flags  and 
or  the  board  of  school  trustees  in  the  several  cities,  townships, 
villages  and  school  districts  of  this  State  shall  purchase  a 
United  States  flag  of  a  size  not  less  than  four  feet  two  inches 
by  eight  feet  and  made  of  good  flag  bunting  "A,"  flag  staff  and 
the  necessary  appliances  therefor  and  shall  display  said  flag 
upon,  near,  or  in  a  conspicuous  place  within,  the  public  school  Time  for 
building  during  school  hours  and  at  such  other  times  as  to  the  dlsplaylng- 
said  board  may  seem  proper ;  and  that  the  necessary  funds  to  Expense  to  bo 
defray  the  expenses  to  be  incurred  herein  shall  be  assessed  and 
collected  in  the  same  manner  as  moneys  for  public  school  moneys- 
purposes  are  collected  by  law.    And  the  penalties  for  neglect  Penalty. 
of  duty  provided  in  section  two,  chapter  thirteen  of  the  gen- 
eral school  laws,  shall  apply  to  any  school  officer  refusing  to 
comply  with  the  provisions  of  this  act. 


An  Act  requiring  certain  returns  to  be  made  from  incorporated  aca- 
demies, and  other  literary  institutions. 

[Act  19,  1839.] 

Be  it  enacted  &?/  the  Senate  and  House  of  Representatives  of 
the  State  of  Michigan. 

(171.)     §  4803.     SECTION  1.     That  it  shall  be  the  duty  of  Reports  to  be 
the  president  of  the  board  of  trustees  of  every  organized  acad-  ™ine?intend- 


emy,  or  literary  or  collegiate  institution,  heretofore  incorpo 
rated  or  hereafter  to  be  incorporated,  to  cause  to  be  made  out 
by  the  principal  instructor,  or  other  proper  officer,  and  for- 
warded, by  mail  or  otherwise,  to  the  office  of  the  superintend- 
ent of  public  instruction,  between  the  first  and  fifteenth  days 
of  December,  in  each  year,  a  report,  setting  forth  the  amount  contents  of 
and   estimated   value  of  real  estate  owned  by  the  corpora-  r 
tion,  the  amount  of  other  funds  and  endowments,  and  the 
'earlv  income  from  all  sources,  the  number  of  instructors,  the 


68 


GENERAL  SCHOOL  LAWS. 


number  of  students  in  the  different  classes,  the  studies  pur- 
sued, and  the  books  used,  the  course  of  instruction,  the  terms 
of  tuition,  and  such  other  matters  as  may  be  specially  re- 
quested by  said  superintendent,  or  as  may  be  deemed  proper 
by  the  president  or  principal  of  such  academies  or  institutes, 
to  enable  the  superintendent  of  public  instruction  to  lay  be- 
fore the  legislature  a  fair  and  full  exhibit  of  the  affairs  and 
condition  of  said  institutions. 


Regents  may 
grant  certifi- 
cate. 


Certificate 
may  be 
annulled. 


Proviso. 


An  Act  to  authorize  the  regents  of  the  University  of  Michigan  to  grant 
teachers'  certificates  in  certain  cases,  and  to  repeal  act  one  hundred 
forty-four  of  the  public  acts  of  eighteen  hundred  ninety-one,  and  all 
other  acts  or  parts  of  acts  contravening  the  provisions  of  this  act. 

[Act  213,   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(172.)  SECTION  1.  The  regents  of  the  university  of  Michi- 
gan, through  the  faculty  of  the  department  of  literature,  sci- 
ence and  the  arts,  may  grant  to  every  person  receiving  a  bach- 
elor's, master's  or  doctor's  degree,  and  also  a  teacher's  diploma 
for  work  done  in  the  science  and  the  arts  of  teaching  in  said 
university,  a  certificate  which  shall  serve  as  a  legal  certificate 
of  qualification  to  teach  in  any  of  the  schools  of  this  State, 
when  a  copy  thereof  shall  have  been  filed  or  recorded  in  the 
offices  of  the  legal  examining  officer  or  officers  of  the  county, 
township,  city  or  district  where  such  person  expects  to  teach. 
Such  certificate  shall  not  be  liable  to  be  annulled  except  by  the 
said  board  of  regents;  but  its  effect  may  be  suspended  in  any 
county,  township,  city  or  district  and  the  holder  thereof  may 
be  stricken  from  the  list  of  qualified  teachers  in  such  county, 
township,  city  or  district  by  the  legal  examining  officer  or 
officers  of  the  said  county,  township,  city  or  district  for  any 
cause  and  in  the  same  manner  that  such  examining  officer  or 
officers  may  be  by  law  authorized  to  revoke  certificates  granted 
by  himself  or  themselves,  and  such  suspension  shall  continue  in 
force  until  revoked  by  the  authority  suspending:  Provided, 
That  the  said  board  of  regents  may  recognize  and  give  credit 
for  work  done  in  other  educational  institutions  in  the  science 
and  art  of  teaching,  if  said  work  is  equivalent  to  the  work  done 
in  the  university  of  Michigan. 

Sec.  2  repeals  Act  144,  1891. 


GENERAL  SCHOOL  LAWS.  69 


An  Act  to  authorize  the  State  Board  oi!  Education  to  grant  teachers' 
certificates  in  certain  cases. 

[Act   130,   1S93.] 

The  People  of  the  State  of  Michigan  enact: 

(173.)  §  4805.  SECTION  1.  That  the  State  Board  of  Ed- state  board 
ucation  is  hereby  empowered,  and  shall  grant  teachers'  certifi-  ceruStes  to 
cates  without  examination  to  any  person  who  has  received  a  sonsaietcer 
bachelor's,  master's,  or  doctor's  degree  from  any  college  in  this 
State  having  a  course  of  study  actually  taught  in  such  col- 
lege, of  not  less  than  four  years,  in  addition  to  the  preparatory 
work  necessary  for  admission  to  the  university  of  Michigan, 
upon  the  recommendation  from  the  faculty  of  such  college 
stating  that  in  their  judgment  the  applicant  is  entitled  to  re- 
ceive such  certificate  and  in  addition  thereto,  a  course  in  the 
science  and  art  of  teaching  of  at  least  one  college  year  of  five 
and  a  half  hours  per  week,  which  shall  have  been  approved  by 
said  board  of  education,  which  course  shall  have  been  taken 
by  such  person  who  shall  have  received  a  diploma  therefor,  and 
shall  include  a  thorough  examination  of  the  applicant  by  the 
college  granting  such  diploma,  as  to  qualification  and  fitness 
for  teaching ;  and  provided  that  if  said  person  furnishes  to  proviso, 
said  board  satisfactory  proof  of  having  successfully  taught 
for  three  years  in  the  schools  of  this  State,  said  certificate  shall 
be  a  life  certificate.  If  such  proof  is  not  furnished  said  board, 
then  such  certificate  shall  be  for  four  years  only,  and  a  life 
certificate  may  at  any  time  thereafter  be  issued  by  said  board 
upon  the  filing  of  such  proof.  Such  certificate  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  this  State  without  ex- 
amination, provided  a  copy  of  the  same  shall  have 
been  filed  or  recorded  in  the  office  of  the  legal  examining  officer 
or  officers  of  the  county,  city,  township  or  district  in  which 
such  person  is  to  teach,  and  shall  be  annulled  only  by  the  State  Annulled  by 
Board  of  Education,  and  by  it,  only  for  cause.  whom- 

(174.)     §  4806.     SEC.  2.     It  shall  be  the  duty  of  the  said  Duty  of 
board  of  education  to  carefully  examine  any  course  of  study  board> 
in  the  science  and  art  of  teaching  that  may  be  submitted  to  it 
by  the  trustees  of  any  college,  and,  if  satisfactory,  to  furnish 
such  trustees  with  a  written  certificate  approving  the  same.  . 

(175.)     §  4807.     SEC.  3.     If,  at  any  time,  the  said  board  of  when  instruc- 
education  shall  conclude  that  any  college,  the  graduates  of  dutnydS?bStrd. 
which  may  desire  to  receive  such  certificate,  is  not  giving  such 
instruction  in  the  science  and  art  of  teaching  and  in  the  other 
branches  as  shall  be  approved  by  said  board,  then  said  board 
shall  so  determine  by  a  formal  resolution,  and  shall  give  notice 
thereof  to  the  trustees  of  such  college,  and  thereafter  no  teach- 
ers' certificates  shall  be  given  by  said  board  to  the  graduates 
of  such  college  until  said  board  shall  be  satisfied  that  proper 


70 


GENERAL  SCHOOL  LAWS. 


instruction  in  the  science  and  art  of  teaching  and  in  [the] 
other  branches  is  given  by  such  college,  and  shall  certify  such 
fact  to  the  trustees  of  such  college. 


roi.L\TY  COMMISSIONERS  AND  SCHOOL  EXAMINERS 

An  Act  to  provide  for  the  election  of  a  county  commissioner  of  schools, 
for  the  appointment  of  school  examiners,  [and]  to  define  the  duties 
and  fix  the  compensation  for  the  same,  and  to  repeal  all  existing  acts 
or  parts  of  acts  conflicting  with  the  provisions  of  this  act. 

[Act  147,  1891.] 


Election  of 
county  com- 
missioner of 
schools. 


Term  of  office. 


Appointment 
of  school 
examiners. 


Term  of  office. 


Annual 
appointment 
of  examiners. 


Who  eligible 
to  appoint- 
ment. 


Vacancy, 
how  filled. 


Oath  of  office 


The  People  of  the  State  of  Michigan  enact: 

(176.)  §  4808.  SECTION  1.  That  at  the  meetings  of  the 
several  boards  of  supervisors  of  the  different  counties  of  the 
State,  to  be  held  on  the  fourth  Monday  in  June,  eighteen  hun- 
dred ninety-one,  the  said  several  boards  of  supervisors 
shall  elect  a  county  commissioner  of  schools  for  their  respect- 
ive counties,  whose  term  of  office  shall  commence  on  the  fourth 
Tuesday  of  August  next  following,  who  shall  hold  his  or  her 
office  until  the  first  day  of  July,  eighteen  hundred  ninety-three, 
or  until  his  or  her  successor  shall  be  elected  and  qualified.  Said 
board  of  supervisors  shall  also  on  said  fourth  Monday  of  June, 
appoint  two  persons  as  school  examiners,  who,  together  with 
said  commissioner  of  schools,  shall  constitute  a  board  of 
school  examiners.  One  of  said  school  examiners  shall  be  ap- 
pointed for  a  period  of  one  year  and  the  other  for  a  period  of 
two  years,  from  and  after  the  second  Monday  of  October  next 
after  their  appointment,  or  until  their  successors  have  been 
appointed  and  qualified;  and  thereafter  such  boards  of  super- 
visors shall,  at  each  annual  session,  appoint  one  examiner, 
who  shall  hold  his  office  for  a  period  of  two  years,  or  until  his 
successor  shall  have  been  appointed  and  qualified.  Any  person 
shall  be  eligible  to  the  office  of  examiner  who  shall  hold,  or 
shall  have  held  within  three  years  next  preceding  his  appoint- 
ment, at  least  a  second  grade  certificate,  and  has  taught  in  the 
public  schools  at  least  nine  months,  or  who  has  the  qualifi- 
cations required  of  commissioner  in  section  three  of  this  act, 
except  an  experience  of  twelve  months  as  teacher :  Provided, 
That  this  shall  not  apply  to  present  incumbents  of  the  office 
of  school  examiner.  In  case  a  vacancy  shall  occur  at  any  time 
in  the  office  of  school  examiner,  the  judge  of  probate,  together 
with  the  board  of  school  examiners  of  the  county  in  which 
such  vacancy  shall  have  occurred,  shall,  within  ten  days  after 
the  occurrence  of  such  vacancy,  appoint  some  suitable  person 
to  fill  such  vacancy.  And  the  person  so  appointed  shall  hold 
the  office  for  the  unexpired  portion  of  the  term,  or  until  his  or 
,  her  successor  is  appointed  and  has  qualified.  Within  ten  days 


GENERAL  SCHOOL  LAWS.  71 

after  such  commissioners  or  examiners  shall  have  received 
legal  notice  of  his  or  her  election,  he  or  she  shall  take  and 
subscribe  the  constitutional  oath  of  office,  and  the  same  shall 
be  filed  with  the  county  clerk.  The  said  county  commissioner,  Bond. 
so  appointed,  shall  execute  a  bond  with  two  sufficient  sureties 
to  be  approved  by  and  filed  with  the  county  clerk,  in  the  penal 
sum  of  one  thousand  dollars,  conditioned  that  he  or  she  shall 
faithfully  discharge  the  duties  of  his  or  her  office  according 
to  law,  and  to  faithfully  account  for  and  pay  over  to  the 
proper  persons  all  moneys  which  may  come  into  his  or  her 
hands  by  reason  of  his  or  her  holding  such  office;  and  there- county  clerk 
upon  the  county  clerk  shall  report  the  name  and  postoffice 
address  of  such  county  commissioner  to  the  State  superin- 
tendent of  public  instruction. 

Am.  1901,  Act  43. 

This  act  supersedes  cliap.  12  of  the  primary  school  law  (in  Chapter  116). 
As  to  the  election  of  school  examiner  under  that  law,  as  amended  by  Act 
266  of  1887,  see  Conrad  v  Stone,  78  /  685. 

(177.)     §  4809.     SEC.  2.     There  shall  be  elected  at  the  elec-  commis- 
tion  held  on  the  first  Monday  in  April,  nineteen  hundred  three,  1]°^'  Jinn1 
and  every  fourth  year  thereafter,  in  each  county,  one  commis-  etc. 
sioner  of  schools,  whose  term  of  office  shall  commence  on  the 
first  day  of  July,  next  following  his  or  her  election,  and  who 
shall  continue  in  office  four  years,  or  until  his  or  her  suc- 
cessor shall  be  elected  and  qualified.    The  county  commissioner  To  file  oath 
of  schools  elected  under  the  provisions  of  this  section  shall  and  bond- 
file  with  the  county  clerk,  for  the  county  for  which  he  or  she 
is  elected,  his  or  her  oath  of  office  and  bond,  the  same  as  pro- 
vided in  section  one  of  this  act,  and  the  county  clerk  shall 
make  the  same  report  to  the  superintendent  of  public  instruc- 
tion in  all  respects  as  provided  in  section  one  of  this  act:  Pro-  Proviso,  as  to 
vided,   That  in  the  county  of  Chippewa  the  commissioner  of 
schools  heretofore  elected  on  the  first  Monday  in  April,  nine- 
teen  hundred  three,  shall  hold  office  until  the  first  day  of  Jan- 
uary, nineteen  hundred  nine,  or  until  his  successor  shall  be 
elected  and  qualified.    Hereafter,  in  the  said  county  of  Chip- 
pewa, a  commissioner  of  schools  shall  be  elected  at  the  general 
election  to  be  held  in  November,  nineteen  hundred  eight,  and 
every  fourth  year  thereafter,  whose  term  of  office  shall  com- 
mence on  the  first  day  of  January  next  following  his  or  her 
election. 

Am.  1901,  Act  35  ;  1905,  Act  160. 

(178.)     §  4810.     SEC.  3.     Persons  eligible  to  hold  the  office  Eligibility 
of  commissioner  of  schools  must  possess,  besides  an  experi-  office  of- 
ence  of  twelve  months  as  teacher  in  the  public  schools  of  the 
State,  one  of  the  following  qualifications :  Must  be  a  graduate 
of  the   literary   department   of  some  reputable  college,   uni- 
versity or  State  normal  school,  having  a  course  of  at  least 
three  years,  or  hold  a  State  teacher's  certificate,  or  be  the 
holfler  of  a  first  grade  certificate,  but  said  first  grade  certificate 


72 


GENERAL  SCHOOL  LAWS. 


shall  only  qualify  the  holder  thereof  to  hold  the  office  of  com- 
missioner in  the  county  where  such  certificate  was  granted: 
Proviso.  Provided,  That  persons  who  have  held  the  office  of  commis- 
sioner of  schools  under  the  provisions  of  act  number  one  hun- 
dred forty-seven,  public  acts  of  eighteen  hundred  ninety-one, 
shall  be  eligible.  In  counties  having  less  than  fifty  districts 
subject  to  the  supervision  of  the  county  commissioner,  a  per- 
son holding  at  the  time  of  his  or  her  election  a  second  grade 
certificate  shall  be  eligible. 

QUALIFICATIONS  OF  COMMISSIONER:  A  high  school  is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  law,  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examination 
after  election  as  commissioner,  does  not  qualify.  Holding  the  office  of  secre-- 
tary  of  the  board  of  examiners  under  Act  266  of  1887  (amendatory  of  chap. 
12  of  the  primary  school  law,  now  superseded)  is  not  a  qualification. — People 
v.  Howlett,  94  / 165.  The  legislative  intent  is  to  keep  up  the  standard  of 
teachers  by  requiring  certain  educational  qualifications  in  the  persons  whose 
duty  it  is  to  examine  the  teachers  and  determine  their  fitness  for  their  work. — 
People  v.  Howlett,  94  /  169. 

(179.)  §  4811.  SEC.  4.  The  board  of  school  examiners 
shall,  for  the  purpose  of  examining  all  persons  who  may  offer 
themselves  as  teachers  for  the  public  schools,  hold  two  regular 
public  examinations  in  each  year  at  the  county  seat,  which  ex- 
aminations shall  begin  on  the  third  Thursday  of  June  and 
the  second  Thursday  of  August  in  each  year.  From  these  two 
examinations  certificates  of  all  grades  may  be  granted.  The 
said  board  of  examiners  may  also,  in  their  discretion,  hold  one 
other  public  examination,  which  shall  begin  on  the  third 
Thursday  of  October  and  at  such  place  as  in  the  judgment  of 
the  board  the  best  interests  of  the  teachers  may  require.  From 
this  examination  only  certificates  of  the  second  and  third 
grade  may  be  granted.  It  shall  be  the  duty  of  the  county  com- 
missioner to  make  out  a  schedule  of  the  times  and  places  of 
holding  such  examinations  and  to  cause  it  to  be  published 
in  one  or  more  newspapers  of  the  county,  at  least  ten  days  be- 
fore such  examinations. 

Am.  1901,  Act  99  ;  1903,  Act  95  ;  1905,  Act  99. 
People  v.  Howlett,  94  /  170. 

(180.)  §  4812.  SEC.  5.  The  board  of  school  examiners 
shall  meet  on  the  Saturday  of  the  week  following  each  public 
examination  held  according  to  the  provisions  of  section  four  of 
this  act  and  shall  grant  certificates  to  teachers  in  such  form 
as  the  superintendent  of  public  instruction  shall  prescribe, 
licensing  as  teachers  all  persons  who  have  attained  the  age 
of  eighteen  years,  who  have  attended  such  public  examina- 
tions, and  who  shall  be  found  qualified  in  respect  to  good 
moral  character,  learning  and  ability  to  instruct  and  govern 
a  school,  but  no  certificate  shall  be  granted  to  any  person  who 
shall  not  have  passed  a  satisfactory  examination  in  orthog- 
raphy, reading,  writing,  grammar,  geography,  arithmetic, 
theory  and  art  of  teaching,  United  States  history,  civil  govern- 
ment, and  physiology  and  hygiene  with  reference  to  the  effect 


Examiners  to 
hold  two 
examinations 
each  year. 


May  hold  one 
other  exami- 
nation. 


Duty  of  com- 
missioner. 


Teacher's 
certificates, 
who  to  grant, 
form,  etc. 


Subjects. 


GENERAL  SCHOOL  LAWS.  73 

of  alcoholic  drinks,  stimulants  and  narcotics  upon  the  human 
system :    Provided,  That  any  commissioner  may,  upon  the  re-  proviso,  when 
quest  of  any  holder  of  a  second  or  third  grade  certificate,  send 
the  papers   written   by   such  person,   properly   certified   and 
under  seal,  to  the  county  board  of  school  examiners  of  any 
other  county  for  their  examination,  and  such  board  of  school 
examiners  may,  in  their  discretion,  receive  such  papers,  and 
if  they  accept  them,  shall  treat  them  in  the  same  manner  as 
if  written  at  a  public  examination  in  their  own  county:   Pro- proviso  as  to 
vided  further,    That  the  board  of  examiners  shall  have  therenewal> 
right  to  renew  without  examination  the  certificates  of  any 
persons  who  shall  have  previously  attained  an  average  stand- 
ing of  at  least  eighty-five  per  cent  in  all  the  studies  covered 
in  two  or  more  previous  examinations  and  who  shall  have 
been   since   such   last  named   examination   continuously   and 
successfully  teaching  in  the  public  schools :  Provided  further,  Further 
That  an  indorsed  first  grade  certificate  may  be  renewed  in  C^re- 
the  county  where  issued,  or  in  the  county  where  the  holder  newed- 
may  be  teaching  at  the  time  of  its  expiration.    All  certificates 
shall  be  signed  by  the  county  commissioner  and  by  at  least 
one  of  the  members  of  the  board  of  examiners.     No  person 
shall  be  considered  a  qualified  teacher  within  the  meaning 
of  this  act,  nor  shall  any  school  officer  employ  or  contract 
with  any  person  to  teach  in  any  of  the  public  schools  under 
the  provisions  of  this  act  who  has  not  a  certificate  in  force 
granted  by  the  board  of  school  examiners  or  other  lawful 
authority.     All  examination  questions  shall  be  prepared  and  Questions,  by 
furnished  by  the  superintendent  of  public  instruction  to  the  furnished. 
county  commissioner,  under  seal,  to  be  opened  in  the  presence 
of  the  applicants  for  certificates  on  the  day  of  examination. 

Am.  1901,  Act  99  ;  1905,  Act  148. 

People  v.  Hewlett,  94  /  170 ;  O'Leary  v.   Sch.  Dist.,  118  /  469. 

(181.)     §  4813.     SEC.  6.     There   shall   be   three   grades   of 
certificates  granted  by  the  board  of  school  examiners,  in  its 
discretion,  and  subject  to  such  rules  and  regulations  as- the  su- 
perintendent   of    public    instruction    may    prescribe,    which 
grades  of  certificates  shall  be  as  follows :  The  certificate  of  the  First  grade 
first  grade  shall  be  granted  only  to  those  who  have  taught  at 
least  one  year  with  ability  and  success,  and  it  shall  be  valid 
throughout  the  State  for  four  years :  Provided,  That  all  exam-  Proviso, 
ination  papers  for  first  grade  certificates,  favorably  passed  up  ?oS'metc 
on  by  the  board  of  examiners,  together  with  such  certificate,  forwarded. 
shall  be  forwarded  to  the  superintendent  of  public  instruc- 
tion, within  ten  days  from  date  of  examination,  for  inspection : 
Provided  further,  That  any  applicant  for  a  first  grade  certifi-  Further^ 
cate  who  feels  that  the  county  board  of  school  examiners  have  Sieved8 
not  given  his  papers  the  credit  due  them,  may  order  them  sent  aPi)llcant- 
to  the   State  superintendent  of  public    instruction    for    in- 
spection; and  if  the  standings  given  by  the  State  superin- 
tendent of  public  instruction  are  sufficient  for  his  indorse- 
10 


GENERAL  SCHOOL  LAWS. 


Further 
proviso. 


Third  grade, 
class  A. 


inent  of  the  certificate,  the  county  board  of  school  examiners 
shall  issue  such  certificate,  unless  they  shall  give  reasons  sat- 
isfactory to  the  superintendent  of  public  instruction  for 
withholding  the  same:  And  provided  further,  That  no  first 
grade  certificate  shall  be  valid  in  any  county  other  than  that 
in  which  it  is  granted,  unless  approved  and  countersigned 
by  the  superintendent  of  public  instruction  and  a  copy  filed 
writh  the^couuty  commissioner  in  the  county  in  which  the 
second  grade,  holder  of  said  certificate  desires  to  teach.  The  certificate  of 
the  second  grade  shall  be  granted  only  to  those  w ho  shall  have 
taught  at  least  seven  mouths  with  ability  and  success,  and  it 
shall  be  valid  throughout  the  county  for  which  it  shall  be 
granted  for  three  years,  and  such  certificate  may  be  trans- 
ferred to  another  county  as  provided  in  section  five  of  this  act. 
The  certificates  of  the  third  grade  shall  be  divided  into  two 
classes  known  as  A  and  B.  Third  grade  certificates  of  class 
A  shall  be  granted  only  to  persons  who  have  taught  success- 
fully and  continuously  for  at  least  three  years  next  preceding 
the  examination,  in  primary  departments  of  graded  schools, 
and  the  certificate  of  this  class  shall  entitle  the  holder  to 
teach  in  primary  departments  of  graded  schools  only.  Third 
grade  certificates  of  class  B  shall  license  the  holder  to  teach 
in  any  school  of  the  county  in  which  it  shall  be  granted  for 
one  year,  and  such  certificate  may  be  transferred  to  another 
county  in  the  same  manner  that  second  grade  certificates  are 
transferred  as  provided  in  section  five  of  this  act;  but  no  more 
than  three  certificates  of  this  class  shall  be  granted  to  the 
same  person:  Provided,  That  the  county  commissioner  shall 
have  power  upon  personal  examination  in  the  third  grade 
branches  satisfactory  to  himself  or  herself,  to  grant  certifi- 
cates which  shall  license  the  holder  thereof  to  teach  in  a 
specified  district  for  which  it  shall  be  granted,  but  such  cer- 
tificate shall  not  continue  in  force  beyond  the  time  of  the 
next  public  examination,  and  in  no  case  shall  a  second  special 
certificate  be  granted  the  same  person  within  three  years. 


Third 

class 


rrade, 


Proviso. 


Am.   1901,   Act  99;   1905.   Act  148. 

CERTIFICATES  :  The  general  policy  of  the  school  law  is  that  schools  shall 
be  taught  by  qualified  teachers,  but  necessities  may  arise  where  this  cannot 
be  done.  When  such  necessity  arises,  the  d'strict  may  employ  a  teacher 
without  a  certificate,  if  the  board  is  satisfied  of  his  qualifications  and  pay  him 
out  of  any  moneys  except  primary  school  money  and  mill  tax. — Hale  v.  Risley, 
G9  /  596.  As  to  the  liability  of  the  district  for  such  services,  see  Id.  :  Stock- 
dale  v.  Sch.  Dist.,  47/226;  Crane  v.  Sch.  Dist.,  61/299:  Smith  v.  Sch.  Dist, 
69/589.  See  Sch.  Dist.  v.  Crook,  47/112.  A  certificate  issued  to  one  who 
has  not  taken  an  examination  at  all  and  whose  qualifications  are  not  ascer- 
tained upon  an  examination,  is  not  such  a  certificate  as  the  law  provides  for. — 
People  v.  Hewlett,  94  /  170-1.  The  action  of  the  board  of  examiners  in  refus- 
ing a  certificate  cannot  be  questioned  by  the  rejected  applicant  in  a  suit  to 
recover  wages  she  would  have  earned  under  her  contract  but  for  such  adverse 
action. — Lee  v.  Sch.  Dist.,  71  /  361.  A  certificate,  issued  for  three  years,  can- 
not be  legally  extended  by  the  secretary,  by  being  changed  to  read  for  four 
years,  after  the  board  of  examiners  who  issued  it  have  gone  out  of  office. — 
Bryan  v.  Sch.  Dist.,  Ill  /  67. 

SPECIAL  CERTIFICATES :  The  secretary  of  the  board  (under  the  old 
law)  had  no  right,  after  the  refusal  of  the  board  to  grant  a  certificate,  to  issue 
a  special  certificate  to  the  rejected  applicant. — Lee  v.  Sch.  Dist.,  71  /  361. 
The  object  of  a  special  certificate  is  to  bridge  over  the  time  between  the  com- 
mencement of  a  school  and  the  next  meeting  of  the  examiners  and  such  a 
certificate  has  life  only  until  the  next  regular  examination. — Id. ;  People  Y. 
Howlett,  94  /  170. 


GENERAL  SCHOOL  LAWS.  75 

(182.)     §  4814.     SEC.  7.     The  board    of   school    examiners  Suspension  of 
may  suspend  or  revoke  any  teacher's  certificate  issued  by  them  Certificates, 
for  any  reason  which  would  have  justified  said  board  in  with- 
holding the  same  when  given,  for  neglect  of  duty,  for  incom- 
petency  to  instruct  or  govern  a  school,  or  for  immorality,  and 
the  said  board  may,  within  their  jurisdiction,  suspend  for  im- 
morality or  incompetency  to  instruct  and  govern  a  school  the 
effect  of  any  teacher's  certificates  that  may  have  been  granted 
by  other  lawful  authority :  Provided,  That  no  certificate  shall  Proviso. 
be  suspended  or  revoked  without*  a  personal  hearing,  unless 
the  holder  thereof  shall,  after  a  reasonable  notice,  neglect  or 
refuse  to  appear  before  the  said  board  for  that  purpose. 

Carver  v.  Sch.  Dist.,  113/524. 

IMMORALITY :  A  communication  representing  that  a  certain  person  was 
of  bad  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 
faith  for  the  purpose  of  preventing  such  persons  teaching  the  school,  is  privi- 
leged and  is  justified  by  proof  that  he  is  a  blasphemer,  habitually  profane  and 
a  Sabbath  breaker. — Wieman  v.  Mabee,  45  /  484. 

(183.)     §  4815.     SEC.  8.     It  shall  be  the  duty  of  the  coun-Dut^  of 

ty  commissioner:  commissioner. 

First,  Immediately  after  his  or  her  qualification  as  commis-  Notices,  to 
sioner,  to  send  notice  thereof  to  the  superintendent  of  public  *' 
instruction    and    the   chairman   of   each   township   board   of 
school  inspectors  of  the  county ; 

Second,  To  keep  a  record  of  all  examinations  held  by  the  Record  °/. 

.     •*         ,  examinations, 

board  of  school  examiners  and  to  sign  all  certificates  and  etc. 
other  papers  and  reports  issued  by  the  board; 

Third,  To  receive  the  institute  fees  provided  by  law  and 
to  pay  the  same  to  the  county  treasurer  quarterly,  beginning 
September  thirty  in  each  year; 

Fourth,  To  keep  a  record  of  all  certificates  granted,  sus- 
pended,   revoked  or  transferred  by  the  said  board  or   com-  etc. 
missioner,  showing  to  whom  issued,  together  with  the  date, 
grade,  duration  of  each  certificate  and  if  suspended  or  revoked 
with  the  date  and  the  reason  thereof ; 

Fifth,  To  furnish,  previous  to  the  third  Monday  in  July  in 
each  year,  to  the  township  clerk  of  each  township  in  the 
county,  a  list  of  all  persons  legally  authorized  to  teach  in  the 
county  at  large  during  the  current  school  year,  and  in  such 
township,  with  the  date  and  term  of  each  certificate,  and  if 
any  have  been  suspended  or  revoked,  the  date  of  such  suspen- 
sion or  revocation; 

Sixth,  To  visit  each  of  the  schools  in  the  county  at  least  Visit  school 
once  in  each  year  and  to  examine  carefully  the  discipline, 
the  mode  of  instruction,  and  the  progress  and  proficiency  of 
pupils :    Provided,    That  in  counties  containing  one  hundred  Proviso. 
twenty  or  more  districts  the  commissioner  of  schools  is  hereby 
authorized  to  appoint  such  assistants  as  may  be  necessary, 
who  shall  perform  such  duties  as  said  commissioner  shall  di- 
rect :    Provided,    That  in  counties  containing  less  than  one  Proviso. 
hundred  twenty  districts  such  assistants  shall  be  appointed 


76 


GENERAL  SCHOOL  LAWS. 


Further 
proviso. 


Counsel  with 
teachers,  etc. 


Assistant  con- 
ductor of 
institutes. 


As  to  reports 
of  school 
Inspectors. 


Annual 
reports.  ] 


Other  duties. 


Duty  of 
chairman. 


Supervision  of 
schools,  etc. 


To  make 
reports,  etc. 


Compensation 
of  commis- 
sioner, by 
whom  de- 
termined^ etc. 


with  the  consent  of  the  board  of  supervisors:.  Provided  fur- 
ther, That  the  whole  expense  incurred  by  such  assistants  shall 
not  exceed  the  sum  of  ninety  dollars  in  one  year  in  any 
county ; 

Seventh,  To  counsel  with  the  teachers  and  the  school  boards  ' 
as  to  the  course  of  study  to  be  pursued,  and  as  to  any  im- 
provement in  the  discipline  and  instruction  in  the  schools, 
and  he  may  examine  and  audit  the  books  and  records  of  any 
school  district  at  any  time  when  directed  to  do  so  by  the  su- 
perintendent of  public  instruction  or  by  application  of  any 
school  board; 

Eighth,  To  promote,  by  such  means  as  he  or  she  may  devise, 
the  improvement  of  the  schools  in  the  county,  and  the  eleva- 
tion of  the  character  and  the  qualifications  of  the  teachers  and 
officers  thereof,  and  act  as  assistant  conductor  of  institutes 
appointed  by  the  superintendent  of  public  instruction,  and 
perform  such  other  duties  pertaining  thereto  as  the  superin- 
tendent shall  require ; 

Ninth,  To  receive  the  duplicate  annual  reports  of  the  sev-. 
eral  boards  of  school  inspectors,  examine  into  the  correctness 
of  the  same,  requiring  them  to  be  amended  when  necessary, 
endorse  his  or  her  approval  upon  them,  and  immediately 
thereafter,  and  before  the  fifteenth  day  of  September  in  each 
year,  transmit  to  the  superintendent  of  public  instruction 
one  copy  of  each  said  reports  and  file  the  other  in  the  office  of 
the  county  clerk; 

Tenth,  To  be  subject  to  such  instructions  and  rules  as  the 
superintendent  of  public  instruction  may  prescribe;  to  re- 
ceive all  blanks  and  communications  that  may  be  sent  to  him 
or  her  by  the  superintendent  of  public  instruction,  and  to 
dispose  of  the  same  as  directed  by  the  said  superintendent, 
and  to  make  annual  reports  at  the  close  of  the  school  year  to 
the  superintendent  of  public  instruction  of  his  or  her  official 
labors,  and  of  the  schools  of  the  county,  together  with  such 
other  information  as  may  be  required; 

Eleventh,  To  perform  such  other  duties  as  may  be  required 
of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office 
to  deliver  all  records,  books  and  papers  belonging  to  the  office 
to  his  or  her  successor. 

Am.  1901,  Act  99  ;  1905,  Act  148. 

(184.)  §  4816.  SEC.  9.  It  shall  be  the  duty  of  the 
chairman  of  the  board  of  school  inspectors  of  each  township : 

First,  To  have  general  supervisory  charge  of  the  schools  of 
his  township,  subject  to  such  advice  and  direction  as  the 
county  commissioner  may  give; 

Second,  To  make  such  reports  of  his  official  labors  and  of 
the  condition  of  the  schools  as  the  superintendent  of  public 
instruction  may  direct  or  commissioner  request. 

(185.)  §  4817.  SEC.  10.  The  compensation  of  each  coun- 
ty commissioner  of  schools  shall  be  determined  by  the  board  of 
supervisors  of  eacli  county  respectively,  and  may  be  increased 


GENERAL  SCHOOL  LAWS.  77 

or  diminished  at  any  October  session  of  said  board  but  the 
compensation  shall  not  be  fixed  at  a  sum  less  than  five  hundred 
dollars  per  annum  in  any  county  where  there  are  fifty  school- 
rooms under  his  or  her  supervision ;  at  not  less  than  one  thou- 
sand dollars  per  annum  where  there  are  one  hundred  school- 
rooms under  his  supervision;  and  not  less  than  twelve  hun- 
dred dollars  where  there  are  one  hundred  twenty-five  school- 
rooms under  his  supervision,  and  in  no  case  shall  such  com- 
pensation exceed   the   sum   of  eighteen  hundred  dollars  per 
annum :   Provided,   That  in  estimating  the  number  of  school-  proviso. 
rooms  in  any  county  all  graded  schools  operating  under  a 
general  charter  shall  be  included.    Each  member  of  the  board  school  ex- 
of    school    examiners    other    than    the    county    commissioner 
shall   receive   four  dollars   for  each  day  actually   employed 
in  the  duties  of  his  office.    The  compensation  of  any  assist-  Assistant. 
ant,  when  appointed  as  provided  in  this  act,  shall  be  deter- 
mined by  the  county  commissioner,  but  in  no  case  shall  it 
exceed  three  dollars  for  each  day  employed.     The  compen-  HOW  paid, 
sation  of  members  of  the  county  board  of  school  examiners 
and  of  any  assistant  shall  be  paid  quarterly  from  the  county 
treasury,   upon   such   examiner   or   assistant  filing   with  the 
county   clerk   a   certified   statement   of  his   or   her   account, 
which  shall  give  in  separate  items  the  nature  and  amount  of 
the  service  for  each  day  for  which  compensation  is  claimed. 
The  compensation  of  the  county  commissioner  shall  be  paid 
quarter>y  from  the  county  treasury :    Provided,    That  in  no  Proviso. 
case   shall   the  county   commissioner  receive   any   order   for 
compensation  from  the  county  clerk  until  he  has  filed  a  cer- 
tified statement  from  the  superintendent  of  public  instruc- 
tion  that  all  reports  required  of  the  county   commissioner 
have  been  properly  made  and  filed  with  said  superintendent : 
Provided  further,   That  no  county  commissioner  shall  receive  Further 
an  order  for  compensation  until  he  shall  have  filed  with  the  proviso- 
county  clerk  a  detailed  statement  under  oath  showing  what 
schools  have  been  visited  by  him  during  the  preceding  quarter 
and  what  amount  of  time  was  employed  in  each  school,  nam- 
ing the  township  and  school  district.   The  necessary  contin-  Expenses. 
gent  expenses  of  the  commissioner  for  printing,  postage,  sta- 
tionery, record  books,  telephone  rental,  rent  of  rooms  for  pub- 
lic examination  and  grading  registers  shall  be  audited  and 
allowed  by  the  board  of  supervisors  of  the  county.    The  neces- 
sary traveling  expenses  of  the  county  commissioner  of  schools, 
incurred  while  performing  the  duties  required  by  this  act, 
may  be  audited  and  allowed  by  a  two-thirds  vote  of  the  board 
of  supervisors;  but  no  traveling  expenses  shall  be  allowed  any 
school  examiner  or  assistant  appointed  by  the  county  commis- 
sioner of  schools. 

Am.  1905,  Act  148. 

ASSISTANT  VISITOR  :  Mandamus  to  compel  the  payment  of  an  assistant 
visitor  of  schools,  for  services  rendered  under  this  act,  was  denied,  when 
the  commissioner  had  not  determined  the  compensation  as  required. — Hicks 
v.  Wayne  Co.  Auditors,  97  /  611. 


78 


GENERAL  SCHOOL  LAWS, 


Who  shall  not 
act  as  agent. 


Of  vacancies. 


Licensing  and 
employment 
of  teachers. 


Provision  as  to 
cities  employ- 
ing superin- 
tendent and 
principal. 


Proviso  as  to 
normal  train- 
ing depart- 
ment. 


When  'primary 
school  interest 
fund  shall  be 
forfeited. 


(18(3.)  §  4818.  SEP.  11.  Xo  superintendent  of  public  in- 
struction, instructor  at  institute,  county  commissioner  or  ex- 
aminer, shall  act  as  agent  for  the  sale  of  any  school  furniture, 
text-books,  maps,  charts  or  other  school  apparatus. 

(187.)  §  4819.  SEC.  12.  Whenever  by  death,  resignation, 
removal  from  office  or  otherwise  a  vacancy  shall  occur  in  the 
office  of  the  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  chairman  of  the  township  board  of 
school  inspectors  of  each  township  in  the  county,  who  shall 
meet  at  the  office  of  the  county  clerk  on  a  date  to  be  named  in 
said  [notices]  notice  not  more  than  ten  days  from  the  date  of 
the  notice,  and  appoint  a  suitable  person  to  fill  the  vacancy 
for  the  unexpired  portion  of  the  term  of  office. 

(188.)  §  4820.  SEC.  13.  The  officers  of  every  school  dis- 
trict, except  as  hereinafter  provided,  which  is,  or  shall  here- 
after be,  organized  in  whole  or  in  part  in  any  city  or  village 
in  this  State,  which  is  incorporated  under  the  general  laws 
or  by  special  enactment,  in  which  enactment  special  provisions 
exist  in  regard  to  licensing  teachers,  shall  employ  only  such 
teachers  as  are  legally  qualified  under  the  preceding  sections 
of  this  act:  Provided,  That  in  incorporated  cities  employing 
a  principal  of  the  high  school  and  also  a  superintendent  of 
schools  who  gives  not  less  than  one-half  of  his  time  to  school 
supervision,  the  superintendent  of  schools  and  the  board  of 
education,  or  a  committee  thereof,  shall  be  empowered  to  ex- 
amine their  teachers  and  grant  certificates  to  such  as  are  not 
already  legally  qualified,  at  such  times  and  in  such  form  as 
the  superintendent  of  public  instruction  shall  prescribe:  And 
provided  further,  That  cities  having  a  special  and  thoroughly 
equipped  normal  training  department,  under  control  of  a 
special  training  teacher,  such  school  having  a  course  of  not 
less  than  one  year,  shall  be  exempt  from  the  provisions  of  this 
section  as  to  the  examination  of  teachers.  Any  board  of 
education  that  shall  violate  the  provisions  of  this  act  by  em- 
ploying a  teacher  who  is  not  legally  qualified,  shall  forfeit 
such  a  proportion  of  the  primary  school  interest  fund  as  the 
number  of  unqualified  teachers  employed  bear  to  the  whole 
number  of  teachers  employed  in  the  district.  All  school  dis- 
tricts organized  by  special  enactments  shall,  through  their 
proper  officers,  make  such  reports  as  the  superintendent  of 
public  instruction  may  require. 

Am.  1901,  Act  99. 

Section  14  repeals  "all  acts  or  parts  of  acts  conflicting  with  the  provisions 
of  this  act."     As  to  one  effect  of  this  repeal,  see  Perrizo  v.  Kesler,  93/284. 


GENERAL  SCHOOL  LAWS.  70 


An  Act  to  provide  for  the  examination  of  candidates  for  admission  to 
the  Agricultural  College  by  county  commissioners  of  schools. 

[Act  101,  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(180.)      §  4821.     SECTION  1.     That  it  shall  be  the  duty  of  Duty  of  state 
the  State  superintendent  of  public  instruction  to  secure,  atgj^fjjggj 
least  twice  each  year,  from  the  president  of  the  Michigan  ag-  instruction, 
ricultural  college,  a  set  of  examination  questions  in  all  the 
studies  required  for  admission  to  said  college.    It  shall  also  be 
the  duty  of  the  State  superintendent  of  public  instruction  to 
send   a  printed   list  of  said  -examination   questions  to  each 
county  commissioner  of  schools. 

(190.)  §  4822.  SEC.  2.  It  shall  be  the  duty  of  each  coun-  county  com- 
iy  commissioner  of  schools  to  give  public  notice  of  this  exam-J^^^SJ 
i nation  at  the  time  of  all  regular  teachers'  examinations,  and  &ive  notice  of 

i  •  •-••••»    J  i  •  T    A          i     '  examination. 

to  submit  the  questions  aforesaid  to  any  candidate  who  may 
desire  to  enter  the  agricultural  college.  The  examination  shall  Examination, 
be  conducted  in  the  same  manner  as  are  the  regular  teachers' 
examinations  of  the  county.  The  work  of  each  and  every  can- 
didate, together  with  the  name  and  address,  shall  be  for- 
warded by  the  commissioner,  within  five  days  from  the  date  of 
Ihe  examination,  to  the  president  of  the  college,  who  shall 
examine  and  grade  the  answers  and  report  to  the  candidate 
within  five  days  of  the  receipt  of  the  paper  the  result  of  the 
examination.  A  standing  of  seventy  per  cent  in  each  branch 
will  admit  to  freshman  class  of  the  college  without  further 
examination. 


TOWNSHIP   SCHOOL  DISTRICTS   IN   THE   UPPER  PENINSULA. 

An  Act  for  the  organization  of  township  school  districts  in  the  Upper 

Peninsula. 

[Act  176/1891.] 

The  People  of  the  State  of  Michigan  enact: 

(191.)     §  4823.     SECTION  1.    Whenever  the  qualified  elec- Petition  for 
tors  of  any.  organized  township -in  the  upper  peninsula  desire  or&amzation- 
to  become  organized  into  a  single  school  district,  they  may 
petition  the  township  board  to  proceed  as  hereinafter  pro- 
vided for  organizing  a  township  school  district.     Such  peti- 
tion shall  be  signed  by  a  majority  of  the  electors  of  the  town- 
ship qualified  to  vote  at  school  meetings  and  shall  be  filed  in 
the  office  of  the  township  clerk  at  least  fifteen  days  prior  to 
the  first  day  of  July.     Upon  the  receipt  and  filing  of  said  cierk  to  notify 
petition, 'the  township  clerk  shall  notify  the  members  of  the  board- 


so 


GENERAL  SCHOOL  LAWS. 


township  board  and  the  school  inspectors  of  the  township  to 
attend  a  special  meeting  to  be  held  not  more  than  five  days 
thereafter,  at  which  meeting  it  shall  be  the  duty  of  such  town- 
ship board  to  compare  the  names  signed  to  the  petition  with 
the  names  appearing  on  the  list  of  registered  voters  quali- 
fied to  vote  at  school  meetings,  and  if  it  be  found  that  .a 
majority  of  the  voters  so  qualified  to  vote  have  signed  the 
petition  that  the  organized  township  of  which  they  are  resi- 
dents be  organized  as  a  single  school  district,  the  township 
board  shall  give  notice  by  posting  notices  thereof  in  five 
public  places  in  said  township,  that  on  the  second  Monday 
of  July  the  following  officers  will  be  elected  for  such  school 
district;  and  they  shall  make  and  file,  both  with  the  county 
clerk  and  with  the  county  commissioner  of  schools  of  the 
county  in  which  such  township  is  located,  a  certified  copy  of 
the  above  mentioned  petition,  together  with  their  finding  and 
doings  thereon;  and  when  the  district  officers  shall  have  been 
duly  elected  and  shall  have  filed  their  acceptance  with  the 
township  clerk,  such  township  shall  become  a  single  school 
district  which  shall  be  subject  to  all  the  general  laws  of  the 
State,  so  far  as  the  same  may  be  applicable,  and  said  district 
shall  have  all  the  powers  and  privileges  conferred  upon  graded 
school  districts  by  the  laws  of  this  State,  all  the  general  pro- 
visions of  which  relating  to  common  or  primary  schools  shall 
apply  and  be  enforced  in  said  district,  except  such  as  shall  be 
inconsistent  with  the  provisions  of  this  act :  Provided,  That, 
immediately  after  the  organization  of  the  township  district, 
the  board  of  education  may  divide  the  township  into  such 
number  of  sub-districts  as  they  may  deem  necessary  for  the 
accommodation  of  all  children  of  school  age  therein,  desig- 
nating the  same  as  follows:  Sub-district  number  one,  sub- 
district  number  two,  etc. 


When  town- 
ship to  be- 
come single 
district. 


Proviso  as  to 
sub-districts. 


Am.  1903,  Act  154. 

This  act  is  constitutional. — Perrizo  v.  Kesler,  93  /  280  ;  Keweenaw  Ass'n  v. 
Sch.  Dist.,  98  /  441.  The  provision,  authorizing  the  township  board  and 
school  inspectors  to  determine  whether  a  majority  of  the  qualified  electors  of 
the  township  have  signed  the  petition,  is  sufficient. — Id.  As  to  filing  a  cer- 
tified copy  of  the  petition,  etc.,  with  the  county  commissioner  of  schools,  in- 
stead of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284. 


Board  of  edu- 
cation, how 
constituted. 


(192.)  §  4824.  SEC.  2.  'The  officers  of  said  district  shall 
consist  of  five  trustees,  who  shall  constitute  the  board  of  edu- 
cation of  said  district,  and  the  term  of  office  shall  be  three 
years.  On  the  second  Monday  of  July  following  the  action  of 
the  township  board,  as  stated  in  section  one  of  this  act,  the 
qualified  voters  of  the  township  shall  proceed  to  elect  from 
their  number,  by  ballot,  one  trustee  for  the  term  of  one  year, 
two  for  the  term  of  two  years  and  two  for  the  term  of  three 
years,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  of  office  shall  expire.  The 
term  for  which  the  person  voted  for  is  intended  shall  be 
designated  on  the  ballot.  The  qualifications  of  voters  and  the 
conditions  of  eligibility  for  office  holding  shall  be  the  same  as 


GENERAL  SCHOOL  LAWS.  81 

provided  in  the  general  school  laws.    At  the  first  election  held  Elections, 
in  said  district,  the  township  board  shall  act  as  a  board  of  ducted?" 
election,  and  they  shall  canvass  the  votes  in  the  same  manner 
as  votes  for  elective  township  officers  are  canvassed.    At  suc- 
ceeding elections  the  qualified  voters  present  shall  designate 
three  qualified  voters  to  act  as  a  board  of  election  and  board 
of  canvassers,,  who  shall  respectively  take  and  subscribe  the 
constitutional  oath  of  office,  which  oath  any  member  of  the 
board  of  trustees  may  administer.    In  the  election  of  trustees 
the  person  or  persons  receiving  a  majority  of  all  the  votes  cast 
shall  be  declared  elected,  and  he  or  they  shall  hold  office  until 
his  or  their  successor  or  successors  shall  have  been  duly  elect- 
ed and  filed  his  or  their  acceptance.    The  annual  meeting  of  Annual  meet- 
said  district  shall  occur  on  the  second  Monday  of  July  in  each  he?dwhen 
year,  at  the  usual  place  of  holding  the  annual  township  meet- 
ing, and  it  shall  be  the  duty  of  the  secretary  to  give  notice  of    ' 
all  annual  meetings  and  of  any  special  meeting  of  said  district 
by  posting  a  written  or  printed  notice  thereof  in  at  least  five 
conspicuous  places  in  said  township  at  least  five  days  prior  to 
said  meeting.   At  the  first  school  meeting  and  all  succeeding 
annual  meetings  the  polls  shall  open  at  three  o'clock  p.  m. 
and  be  kept  open  four  hours,  during  the  last  hour  of  which 
time  the  voters  shall  transact  such  business  as  may  lawfully 
come  before  them,  according  to  the  provisions  of  section  nine 
of  this  act.     In  all  townships  organized  prior  to  April  first,  First  eiec- 
nineteen  hundred  three,  under  the  provisions  of  act  number  held! '^certain 
one  hundred  seventy-six  of  the  public  acts  of  eighteen  hundred  townships. 
ninety-one,  the  first  election  of  trustees  under  this  act  shall 
be  held  on  the  second  Monday  of  July,  nineteen  hundred  three, 
in  the  manner  provided  in  this  section  for  the  election  in  a 
township  newly  organized  as  a  single  school  district;  and  im- 
mediately thereafter  the  records,  property  and  documents  -be- 
longing to  said  district  shall  be  turned  over  to  the  newly 
elected  board  of  education :    Provided,   That  the  district  oflfi-  proviso. 
cers  elected  at  the  annual  election  in  April,  nineteen  hundred 
three,  under  the  provisions  of  act  number  one  hundred  seven- 
ty-six of  the  public  acts  of  eighteen  hundred  ninety-one,  shall 
act  as  the  board  of  education  until  the  trustees  elected  on  the 
said  second  Monday  in  July,  nineteen  hundred  three,  shall 
have  filed  their  acceptances  and  become  duly  qualified. 

Am.  1903,  Act  154.  9 

Perrizo  v.  Kesler,  93  /  283. 

(193.)     §  4825.     SEC.  3.     Within  five  days  after  the  tot  Officer, ho* 
election  under  this  act,  the  township  clerk  shall  notify,  in  Section 
writing,  the  persons  elected  trustees   of  their  election,  and 
within  five  days  thereafter  said  trustees  so  elected  shall  take 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of  this  State,  before  any  officer  authorized  to  administer  oaths, 
and  file  the  same  with  the  township  clerk:    Provided,    That  Proviso, 
after  the  district  shall  have  been  organized  under  the  provi- 
11  • 


82 


GENERAL  SCHOOL  LAWtt. 


Board  of 
education, 
how  organ- 
ized. 


Duties  of 
president. 


Secretary. 


Treasurer. 


sions  of  this  act,  the  members  of  the  board  of  education  shall 
file  their  acceptances  with  the  secretary  of  the  board. 

Am.  Id. 

(194.)  §  4826.  SEC.  4.  The  members  of  the  board  of  edu- 
cation shall  meet  on  the  fourth  Monday  of  July  following  the 
first  election  under  this  act  and  elect  from  their  number  a 
president,  a  secretary,  and  a  treasurer,  who  shall  severally  serve 
in  such  capacity  during  his  term  of  office  and  until  his  succes- 
sor shall  have  been  duly  elected  and  duly  qualified.  The  pres- 
ident shall  preside  at  all  meetings  of  the  district,  and  of  the 
board,  and  perform  such  other  duties  as  are  required  of  the 
moderator  in  a  primary  school  district.  The  secretary  shall 
faithfully  record  all  proceedings  of  annual  and  special  meet- 
ings of  the  district  and  of  all  meetings  of  the  board,  receive  and 
file  all  records,  papers,  and  other  documents  belonging  to  the 
district,  and  perform  such  other  duties  as  are  required  of  the 
director  in  primary  school  districts.  It  shall  be  the  duty  of 
the  treasurer  in  each  district  to  execute  and  file  with  the  sec- 
retary, within  ten  days  after  his  election  or  appointment,  a 
bond  in  the  full  amount  of  money  to  come  into  his  hands  as 
such  treasurer  during  his  term  of  office,  as  near  as  the  same 
can  be  ascertained,  with  two  sufficient  sureties  who  shall  be 
residents  of  the  same  county,  or  shall  furnish  a  similar  bond 
of  some  surety  company  authorized  to  do  business  in  this 
State,  to  be  approved  by  the  president  and  secretary  of  the 
board,  conditioned  for  the  faithful  performance  of  his  duties 
under  this  act,  and  honestly  accounting  for  all  moneys  coming 
into  his  hands  belonging  to  said  district.  It  shall  be  the  duty 
of  the  treasurer  of  said  board  to  apply  for  and  receive  from  the 
township  treasurer,  or  other  officer  holding  the  same,  on  the 
presentation  of  a  warrant  signed  by  the  president  and  secre- 
tary of  the  school  board,  all  moneys  appropriated  or  appor- 
tioned for  primary  schools  and  for  district  library  of  said  dis- 
trict. The  said  treasurer  shall  have  the  keeping  of  all  school 
and  library  moneys,  and  shall  not  pay  out  the  same  without 
the  authority  of  the  board,  upon  warrants  or  orders  drawn 
upon  him  and  signed  by  the  secretary  and  countersigned  by  the 
president;  and  he  shall  perform  such  other  duties  as  are  re- 
quired of  the  treasurer  in  primary  school  districts. 

Am.  Id. 

(195.)  §  4827.  SEC.  5.  Said  board  of  education  shall 
have  power  to  fill  all  vacancies  that  may  occur  in  the  office  of 
trustee  until  the  next  annual  election,  and  such  trustee  shall 
file  with  the  secretary  of  said  board  his  oath  ctf  office  within 
five  days  after  such  appointment  by  the  board. 

Am.  Id. 

(196.)  §  4828.  SEC.  6.  A  majority  of  the  members  of 
said  board  shall  constitute  a  quorum,  and  the  regular  meet- 


Vacancies. 


Quorum, 
meetings,  etc. 


GENERAL  SCHOOL  LAWS.  S3 

ings  of  said  board  shall  be  held  on  the  fourth  Monday  of 
March,  June,  September,  and  December  in  each  year,  and  no 
notice  of  such  meeting  shall  be  required,  and  any  two  members 
of  said  board  shall  be  sufficient 'to  adjourn  any  meeting  from 
time  to  time  until  a  quorum  is  present.  Special  meetings  of 
said  board  may  be  called  at  any  time  on  the  request  of  the 
president,  or  any  two  members  thereof,  in  writing,  delivered 
to  the  secretary;  and  the  secretary,  upon  receiving  such  re- 
quest, shall  at  once  notify  each  member  of  said  board  of  the 
time  of  holding  such  meeting,  which  shall  be  at  least  two  days 
subsequent  to  the  time  of  receiving  such  request  by  said  secre- 
tary :  Provided,  That  in  case  all  the  members  shall  sign  a  proviso, 
waiver  of  notice  on  the  minute  book  of  the  secretary  no  notice 
shall  be  necessary.  All  records  and  papers  of  said  district 
shall  be  kept  in  the  custody  of  said  secretary  and  shall  be  open 
to  the  inspection  of  any  qualified  voter  of  said  district. 

Am.  Id. 

Shafcr  v.  Sch.  Dist.,  116  /  206. 

(197.)     §  4829.     SEC.  7.     The  said  board  shall  be  the  board  TO  be  board 
of  school  inspectors  for  said  district  and  shall,  as  such,  report  inspectors, 
to  the  clerk  of  the  county  in  which  such  township  is  located 
and  shall  have  all  the  powers  and  perform  all  the  duties  now 
enjoyed  and  performed  by  boards  of  school  inspectors;  and 
the  secretary  of  said  board  shall  perform  all  the  duties  re- 
quired by  law  of  the  chairman  of  the  board  of  school  inspect- 
ors; and  the  board  of  school  inspectors  for  such  township  is 
hereby  abolished,  except  as  its  powers  are  vested  in  said  board 
of  education. 

Am.  Id. 

(198.)  '§  4830.  SEC.  8.  The  board  of  education  of  said  Powers  and 
district  shall  have  power  and  authority  to  designate  and  pur-  dutles- 
chase  schoolhouse  sites,  erect  buildings  and  furnish  the  same, 
employ  legally  qualified  teachers,  provide  books  for  district 
library,  make  by-laws  relative  to  taking  the  census  of  all 
children  in  said  district  between  the  ages  of  five  and  twenty 
years,  and  to  make  all  necessary  reports  and  transmit  the  same 
to  the  proper  officers  as  designated  by  law,  so  that  the  district 
may  be  entitled  to  its  proportion  of  the  primary  school  interest 
fund ;  and  said  board  shall  have  authority  to  make  all  needful 
regulations  and  by-laws  relative  to  the  visitation  of  schools; 
relative  to  the  length  of  time  school  shall  be  kept,  which  shall 
not  be  less  than  five  months  in  each  year;  relative  to  the 
employment  of  teachers  duly  and  legally  qualified;  relative 
to  the  regulation  of  schools  and  the  books  to  be  used  therein ; 
and  generally,  to  do  all  things  needful  and  desirable  for  the 
maintenance,  prosperity,  and  success  of  the  schools  of  said 
district,  and  the  promotion  of  a  thorough  education  of  the 
children  thereof.  When  in  any  contiguous  territory  of  said 
township  district  there  are  ten  or  more  children  of  school  age, 


84 


GENERAL  SCHOOL  LAWS. 


living  not  less  than  three  miles,  nor  more  than  eight  miles, 
from  any  schoolhouse  in  said  district,  the  board  of  education 
shall,  upon  the  petition  of  a  majority  of  the  parents  or  legal 
guardians  of  said  children,  provide  school  advantages  for  such 
children,  either  by  establishing  a  sub-district,  or  by  providing 
transportation  to  some  school  already  established  within  the 
township. 

Am.  Id. 

1'errizo  v.  Kesler,  93  /  283. 


Electors  to 
determine 
amount  to 
be  raised. 

Proviso  as  to 
neglect. 


Proviso  as  to 
amount. 


Taxes  to  be 
set  forth  in 
roll. 


Treasurer  to 
report  to 
board. 


Board  to 

•  make  annual 

stateiiic nl. 


(199.)  §  4831.  SEC.  0.  At  each  annual' school  meeting 
held  in  said  township,  the  qualified  voters  present  shall  deter- 
mine the  amount  of  money  to  be  raised  by  tax  for  all  school 
purposes  for  the  ensuing  year:  Provided,  That  in  case  the 
voters  at  any  annual  school  meeting  shall  neglect  or  refuse  to 
determine  the  amount  to  be  raised  as  aforesaid,  then  the  board 
of  education  shall  determine  the  same  at  the  first  regular 
meeting  thereof,  which  amount  the  secretary  shall,  within 
thirty  days  thereafter,  certify  to  the  supervisor  of  the  town- 
ship, who  shall  spread  the  same  upon  the  regular  tax  roll  of 
said  township,  and  the  same  shall  be  levied,  collected  and  re- 
turned in  the  same  manner  as  other  township  taxes :  Provided, 
That  for  purchasing  school  lots  and  for  erecting  schoolhouses 
no  greater  sum  than  three  mills  on  the  dollar  of  all  the  taxa- 
ble valuation  of  the  real  and  personal  property  in  said  town- 
ship shall  be  levied  in  any  one  year. 

Am.   Id.     Auditor  General  v.   Duluth,   South   Shore,   etc.,   116  / 122 ;  Auditor 
General  v.  Sparrow,  116  /  576. 

(200.)  §  4832.  SEC.  10.  All  taxes  assessed  within  said 
township  for  school  purposes  shall  be  set  forth  in  the  assess- 
ment roll  of  said  township,  in  a  separate  column,  apart  and 
distinct  from  all  other  township  taxes. 

(201.)  §  4833.  SEC.  11.  The  treasurer  of  the  township 
shall,  at  any  time,  at  the  written  request  of  said  board  of 
education,  report  to  said  board  the  amount  of  school  money 
in  his  hands,  and  shall,  on  the  order  of  the  secretary  of  said 
board  of  education,  countersigned  by  the  president,  pay  to 
the  treasurer  of  said  board,  all  or  any  of  such  money. 

Am.  1903,  Act  154. 

(202.)  §  4834.  SEC.  12.  The  said  board  shall  annually, 
prior  to  the  second  Monday  of  July  in  each  year,  make  a 
detailed  statement  of  the  number  of  schools  in  said  district, 
the  number  of  teachers  employed,  the  number  of  pupils  in- 
structed therein  during  the  preceding  year,  the  expenditures 
of  said  board  for  all  purposes,  the  resources  and  liabilities  of 
said  district,  and  also  an  estimate  of  the  necessary  expenses 
for  the  ensuing  year  exclusive  of  the  income  from  the  primary 
school  interest  fund  and  one  mill  tax,  which  report  or  state- 
ment shall  be  entered  at  length  in  the  record  of  said  board  and 
shall  be  publicly  read  by  the  president  of  said  board,  or  in 


GENERAL  SCHOOL  LAWS.  85 

his  absence  by  the  secretary  thereof,  to  the  voters  of  said 
township,  at  their  annual  meeting  on  the  second  Monday  of 
July. 

Am.  Id. 

(203.)      §  4835.     SEC.  13.     All   school   property,   both   real  Disposition  of 
and  personal,  within  the  limits  of  a  township  incorporated  as  property. 
aforesaid,  shall,  by  force  of  this  act,  become  the  property  of 
the  public  schools  of  such  township,  and  all  debts  and  liabili- 
ties of  the  primary  school  districts  of  said  township,  as  they 
existed  prior  to  its  incorporation  under  the  provisions  of  this 
act,   shall   become   the   debts   and   liabilities   of   said   public 
schools  of  the  township  so  incorporated. 

While  the  injustice  and  inequality  of  this  section  may  well  be  admitted  in 
certain  cases,  yet  there  is  no  constitutional  objection  to  it.  Perrizo  v.  Kesler, 
93  /  283-4. 

(204.)  §  4836.  SEC.  14.  All  money  raised  or  being  raised 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said 
township,  as  organized  under  the  primary  school  laws  of  this 
State  shall  hereby  become  the  money  of  the  public  school  of 
the  township,  and  no  tax  heretofore  ordered  assessed  or  levied 
for  school  purposes  in  said  township,  or  other  proceedings, 
shall  be  invalidated  or  affected  by  means  of  this  act. 

(205.)  §  4837.  SEC.  15.  The  compensation  of  the  mem- compensation 
Jbers  of  the  board  of  education  other  than  the  secretary  and 
treasurer  shall  be  two  dollars  for  attendance  at  each  regular 
meeting  of  the  board.  The  secretary  and  treasurer  of -said 
board  shall  receive  such  compensation  for  their  services  as  the 
board  of  education  may  determine,  not  exceeding  one  hundred 
dollars  for  the  treasurer  and  one  hundred  twenty-five  dollars 
for  the  secretary,  per  annum. 

Am.   1903.   Act  154. 

(206.)      §  4838.     SEC.  16,     When     any     township     district  invgse  of 
shall  be  divided  into  two   or  more  townships,  the  existing  township. 
board  of  trustees  shall  continue  to  act  for  all  the  townships 
until  the  same  shall  have  been  organized  and  the  township 
boards  of  trustees  duly  elected  and  qualified  therein.    Imme- 
diately after  such  organization  the  township  boards  of  educa- 
tion of  each  of  the  townships  shall  meet  in  joint  session  and 
direct  an  appraisal  of  all  the  school  property  of  the  former 
township  to  be  made.    When  such  appraisal  has  been  made, 
said  township  boards  of  education  shall  make  an  equitable  di- 
vision of  the  existing  assets  and  liabilities  of  the  school  dis- 
tricts of  such  former '  township,  basing  their  apportionment 
upon  the  amount  of  taxable  property  in  the  township  divided, 
as  shown  by  the  last  assessment  roll  of  such  former  township. 
When  a  township  district  shall  be  altered  in  its  limits  by  an-  Alteration, 
nexing  a  portion  of  its  territory  to  another  township  or  town-  etc* 
ships,  the  township  boards  of  education  of  each  of  the  town- 


86 


GENERAL  SCHOOL  LAWS. 


ships  shall,  immediately  after  such  alteration,  meet  in  joint 
session  and  make  an  equitable  division  of  the  assets  and  liabil- 
ities of  the  school  districts  of  the  township  from  which  the 
territory' has  been  detached,  basing  their  division  upon  the 
amount  of  taxable  property  as  the  same  shall  appear  upon 
the  last  assessment  roll  of  such  township. 

Am.  Id. 

Not  to  apply         (207.)     SEC.  17.     The.  provisions  of  this  act  shall  not  apply 
county.  or  be  in  force  in  any  school  district  in  Iron  county. 


Repealing 
clause. 


Added,  Id. 

(208.)  SEC.  18.  All  acts  contravening  the  provisions  of 
this  act  except  as  provided  in  section  seventeen,  are  hereby 
repealed. 

Added,  Id. 


Boards  to 
collect  fees 
from  appli- 
cants for 
certificates. 


When  to  b,e 
C9llected  by 
director,  etc. 
of  school 
board. 


Receipt. 


Disposition 
of  fees. 


TEACHERS'  INSTITUTES. 

An  Act  to  provide  for  the  better  support  of  teachers'  institutes,  and 
to  repeal  sections  three  thousand  seven  hundred  and  eighty-nine, 
three  thousand  seven  hundred  and  ninety,  and  three  thousand  seven 
hundred  and  ninety-one  of  the  compiled  laws  of  eighteen  hundred 
and  seventy-one. 

[Act  53,  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(209.)  §  4839.  SECTION  1.  That  all  boards  or  officers, 
authorized  by  law  to  examine  applicants  .for  certificates  of 
qualification  as  teachers,  shall  collect,  at  the  time  of  examina- 
tion, from  each  male  applicant  for  a  certificate,  an  annual  fee 
of  one  dollar,  and  from  each  female  applicant  for  a  certificate, 
an  annual  fee  of  fifty  cents,  and  the  director  and  secretary  of 
any  school  board  that  shall  employ  any  teacher  who  has  not 
paid  the  fee  hereinbefore  provided,  shall  collect,  at  the  time 
of  making  contract,  from  each  male  teacher  so  employed,  an 
annual  fee  of  one  dollar,  and  from  each  female  teacher  so  em- 
ployed, an  annual  fee  of  fifty  cents.  All  persons  paying  a  fee 
as  required  by  this  section,  shall  be  given  a  receipt  for  the 
same,  and  no  person  shall  be  required  to  pay  said  fee  more 
than  once  in  any  school  year. 

ACT  VALID:  This  act  does  not  conflict  with  Const,  xiv,  1,  on  the  ground 
that  the  fees  are  specific  taxes  ;  nor  on  the  ground  that  the  fees  are  not  uni- 
form. This  section  is  not  defective,  incomplete,  ineffectual  and  is  valid. — 
Hammond  v.  School  Board,  109  /  070. 

(210.)  §  4840.  SEC.  2.  All  such  fees,  collected  by  the  di- 
rector or  secretary  of  any  school  board,  shall  be  paid  over  to 
the  secretary  of  the  county  board  of  school  examiners  of  the 
countv  in  which  thev  were  collected,  on  or  before  the  fifteenth 


GENERAL  SCHOOL  LAWS.  87 

day  of  March,  June,  September  and  December,  accompanied 
by  a  list  of  those  persons  from  whom  they  were  collected,  and 
all  of  such  fees,  together  with  all  those  that  shall  be  collected 
by  the  county  board  of  school  examiners,  shall  be  paid  over  by 
the  secretary  of  said  board  of  school  examiners  to  the  treas- 
urer of  the  county  in  which  they  were  collected,  on  or  before 
the  last  day  of  March,  June,  September  and  December,  in  each 
year,  accompanied  by  a  complete  list  of  all  persons  from  whom 
said  fees  were  collected,  and  a  like  list,  accompanied  by  a 
statement  from  the  county  treasurer  that  said  fees  have  been 
paid  to  him,  shall  be  sent  by  said  secretary  to  the  superin- 
tendent of  public  instruction.  All  moneys  paid  over  to  the 
county  treasurer,  as  provided  by  this  act,  shall  be  set  apart  as 
a  teacher's  institute  fund,  to  be  used  as  hereinafter  provided. 

(211.)     §  4841.     SEC.  3.     The  superintendent  of  public  in- Annual  county 
struction  shall  annually  appoint  a  time  and  place  in  each  or-11 
ganized  county  for  holding  a  teachers'  institute,  make  suitable 
arrangements  therefor,  and  give  due  notice  thereof:  Provided,  Proviso — 
That   in  organized  counties  having  less  than   one  thousand  optional  with 
children  between  the  ages  of  five  and  twenty  years,  the  hold-  |uperintend- 
ing  of  such  institute  shall  be  optional  with  the  said  superin- 
tendent,  unless  requested  to  hold   such  institute  by  fifteen 
teachers  of  the  county  in  which  such  institute  is  to  be  held: 
Provided,  however,  That  if  there  shall  not  be  a  sufficient  num-  Proviso, 
ber  of  teachers   in  any  county  to  make  such  request,  then 
teachers  of  adjoining  counties  who  desire  to  attend  such  insti- 
tute may  unite  in  the  required  application  to  said  superin- 
tendent :    Provided,  ajso,    That  the  said  superintendent  may.  Proviso. 
in  his  discretion,  hold  an  institute  for  the  benefit  of  two  or 
more  adjoining  counties,  and  draw  the  institute  fund  from 
each  of  the  counties  thus  benefited,  as  hereinafter  provided. 

(212.)  §  4842.  SEC.  4.  The  superintendent  of  public  in- in  case  of 
struction,  in  case  of  inability  personally  to  conduct  any  insti- 
tute,  or  to  make  the  necessary  arrangements  for  holding  the  ent- 
same,  is  hereby  authorized  to  appoint  some  suitable  person 
for  that  purpose,  who  shall  be  subject  to  the  direction  of  said 
superintendent.  Every  teacher  attending  any  institute  held 
in  accordance  with  the  provisions  of  this  act,  shall  be  given 
by  the  superintendent  of  public  instruction,  or  by  the  duly 
appointed  conductor,  a  certificate  setting  forth  at  what  ses- 
sions of  said  institute  such  teacher  shall  have  been  in  attend- 
ance, and  any  teacher  who  shall  have  closed  his  or  her  school,  ^tending  not 
in  order  to  attend  said  institute,  shall  not  forfeit  his  or  her 
wages  as  teacher,  during  such  time  as  he  or  she  shall  have 
been  in  attendance  at  said  institute,  and  the  certificate  herein- 
before provided  shall  be  evidence  of  such  attendance. 

(213.)     §4843.     SEC.  5.     For  the  purpose  of  defraying  the  Expense  of 
expenses  of  rooms,  fires,  lights,  or  other  necessary  charges,  how  paid', 
and  for  procuring  teachers  and  lecturers,  the  said  superin- 
tendent, or  the  person  duly  authorized  by  him  to  conduct  said 
institute,  may  demand  of  the  county  clerk  of  eacli  county  for 


88 


GENERAL  SCHOOL  LAWS. 


May  draw  on 
State  treas- 
urer. 


the  benefit  of  which  the  institute  is  held,  who  shall  thereupon 
draw  an  order  on  the  county  treasurer  of  his  county  for  such 
sum,  not  exceeding  the  amount  of  the  institute  fund  in  the 
county  treasury,  as  may  be  necessary  to  defray  the  expenses 
of  said  institute;  and  the  treasurer  of  said  county  is  hereb'y 
required  to  pay  over  to  said  superintendent  or  duly,  appointed 
institute  conductor,  from  the  institute  fund  in  his  hands,  the 
amount  of  said  order. 

(214.)  §  4844.  SEC.  6.  In  case  the  institute  fund  in  any 
county  shall  be  insufficient  to  defray  the  necessary  expenses 
of  any  institute  held  under  the  provisions  of  this  act,  the 
auditor  general  shall,  upon  the  certificate  of  the  superintend- 
ent that  he  has  made  arrangements  for  holding  such  institute, 
and  that  the  county  institute  fund  is  insufficient  to  meet  the 
expenses  thereof,  draw  his  warrant  upon  the  State  Treasurer 
for  such  additional  sum  as  said  superintendent  shall  deem 
necessary  for  conducting  such  institute,  which  sum  shall  not 
exceed  one  hundred  dollars  for  each  institute,  and  shall  be 
paid  out  of  the  general  fund. 

Am.  1899,  Act  64. 

instftutetate  (215.)  §  4845.  SEC.  7.  The  superintendent  is  authorized 
to  hold,  once  in  each  year,  an  institute  for  the  State  at  large, 
to  be  denominated  a  State  institute,  and  for  the  purpose  of 
defraying  the  necessary  expenses  of  such  institute,  the  Auditor 
General  shall,  on  the  certificate  of  said  superintendent  that  he 
has  made  arrangements  for  holding  such  institute,  draw  his 
warrant  upon  the  State  Treasurer  for  such  sum  as  said  super- 
intendent shall  deem  necessary  for  conducting  such  institute, 
which  sum  shall  not  exceed  four  hundred  dollars  and  shall  be 
paid  out  of  the  general  fund:  Provided,  That  not  more  than 
three  thousand  dollars  shall  be  drawn  from  the  treasury  or 
any  greater  liability  incurred  in  any  one  year  to  meet  the  pro- 
visions of  this  act. 

Am.  Id. 

Vouchers  for  (216.)  §  4846.  SEC.  8.  The  superintendent  of  public  in- 
struction, or  the  conductor  of  the  institute  by  him  appointed, 
drawing  money  from  the  county  treasurer,  under  section  five 
of  this  act,  shall,  at  the  close  of  each  institute,  furnish  to  the 
county  treasurer,  vouchers  for  all  payments  from  the  same  in 
accordance  with  this  act,  and  he  shall  return  to  the  county 
treasurer  whatever  of  the  amount  that  may  remain  unex- 
pended, to  be  replaced  in  the  institute  fund. 


GENERAL  SCHOOL  LAWS.  89 


COMPULSORY  EDUCATION. 

An  Act  to  provide  for  the  compulsory  education  of  children,  for  pen- 
alties for  failure  to  comply  with  the  provisions  of  this  act,  and  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
the  same. 

[Act  200,  190"),  repealing  Act  95,  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(217.)  SECTION  1.  Every  parent,  guardian  or  other  per- children  re- 
son  in  the  State  of  Michigan  having  control  and  charge  of  any 
child  or  children  between  and  including  the  ages  of  seven  and 
fifteen  years,  shall  be  required  to  send  such  child  or  children 
to  the  public  schools  during  the  entire  school. year,  and  such 
attendance  shall  be  consecutive  for  the  school  year  as  fixed 
by  the  district  in  which  such  parent,  guardian  or  other  person 
in  parental  relation  may  reside :  Provided,  That  in  the  follow-  proviso, 
ing  cases  children  shall  not  be  required  to  attend  the  public 
schools : 

(a)  Any  child  or  children  who  is  or  are  being  taught  in  Exceptions. 
a  private  or  parochial  school  in  such  branches  are  are  usually 
taught  in  the  first  eight  grades  of  the  public  schools,  or  have 
already  acquired  the  ordinary  branches  of  learning  taught 

in  such  grades  of  the  public  schools,  to  be  determined  by  the 
school  board  after  an  examination  of  such  child  by  the  teacher 
in  charge; 

(b)  Any  child  or  children  who  is  or  are  physically  unable 
to  attend  school.     In  such  cases  the  truant  officers  shall  re- 
quire the  written  statement  of 'a  competent  physician  certi- 
fying that  such  child  or  children  is  or  are  physically  unable  • 
to  attend  school; 

(c)  Children  over  fourteen  years  of  age  whose  services  are 
essential  to  the  support  of  their  parents  may  be  excused  from 
attendance  at  school  on  the  recommendation  of  the  board  of 
education  of  the  district  in  which  they  reside,  and  said  board 
shall  certify  to  the  proper  officer  the  facts  in  all  such  cases; 

(d)  Children  under  nine  years  of  age  whose  parents  do  not 
reside  within  two  and  one-half  miles,  by  the  nearest  traveled 
road,  of  some  public  school :  Provided,  That  if  transportation 
is  furnished  for  pupils  in  said  district  then  this  exemption 
shall  not  apply. 

(218.)     SEC.  2.     The  sheriff  of  each  county,  in  selecting  his  Truant 
deputies,  shall  designate  one  of  such  deputies  to  act  as  truant  pSntmeM  and 
officer  for  the  county,  and  it  shall  be  the  duty  of  such  deputy  duties  of- 
sheriff  to  perform  the  duties  of  truant  officer  in  all  school 
districts  of  the  county  when  directed  to  do  so  by  the  county 
commissioner  of  schools  except  as  hereinafter  provided :    Pro-  proviso,  as 
vided,  That  in  cities  having  a  duly  organized  police  force,  it to  Clties> 

12 


GENERAL  SCHOOL  LAWS. 


shall  be  the  duty  of  the  police  authorities,  at  the  request  of  the 
board  of  education,  to  detail  one  or  more  members  of  such 
police  force  to  perform  the  duties  of  truant  officer  in  such  city, 
but  this  provision  shall  not  be  construed  as  prohibiting  such 
board  of  education  from  appointing  any  citizen,  not  a  police 
in  villages.       officer,  as  truant  officer.    In  all  incorporated  villages,  the  vil- 
lage marshal  shall  be  the  truant  officer  and  shall  perform  all 
compensation  the  duties  required  of  such  officer  by  this  act.    The  compensa- 
sheriff.uty        ^on  °^  the  deputy  sheriffs  when  serving  as  truant  officers  shall 
not  exceed  three  dollars  per  day.     In  cities,  when  the  board 
of  education  appoints  a  truant  officer  other  than  a  police  offi- 
cer, said  board  shall  fix  the  compensation  for  such  truant 
HOW  allowed    officer  and  pay  such  officer  from  the  incidental  fund.     The 
compensation  of  county  truant  officers,  policemen  and  village 
marshals  acting  as  truant  officers  shall  be  allowed  and  paid 
in  the  same  manner  that  other  incidental  expenses  are  allowed 
and  paid  by  the  county,  city,  or  village. 

School  direct-        (219.)     SEC.  3.     (a)     It  shall  be  the  duty  of  the.  school  di- 
°ScherUrnish    rector  of  all  school  districts,  except  in  incorporated  village 
census  list,       ail(j  city  districts,  to  provide  the  teacher,  at  the  commence- 
ment of  the  school,  with  a  copy  of  the  last  school  census,  to- 
gether with  the  name  and  address  of  the  persons  in  parental 
relation,  also  the  name  and  address  of  the  county  commission- 
Duty  of          er  of  schools.    The  teacher  shall,  at  the  opening  of  school  and 
teacher.          at  such  other  times  as  may  be  necessary,  compare  said  census 
list  with  the  enrollment  of  the  school  and  report  to  the  county 
commissioner  of  schools  the  names  of  the  parents  or  other  per- 
sons in  parental  relation  whose  children  of  the  ages  hereinbe- 
fore mentioned  are  not  in  regular  attendance  at  school, 
yniage  and  (b)     In  all  incorporated  village  and  city  districts,  the  sec- 

Siity  of'secre-  retary  of  the  board  of  education  shall,  at  the  commencement 
of  Sucltion rd  of  scno°^  furnish,  a  copy  of 'the  last  school  census  to  the  su- 
perintendent of  schools  in  such  village  or  city,  together  with 
the  name  and  address  of  the  truant  officer  under  whose  juris- 
diction they  act,  and  it  shall  be  the  duty  of  said  superintend- 
ent, at  the  opening  of  school,  to  compare  said  census  list  with 
the  enrollment  of  the  school  or  schools  and  report  to  the 
proper  truant  officer  the  names  and  addresses  of  any  parents 
or  other  persons  in  parental  relation  whose  children  of  the 
ages  hereinbefore  mentioned  are  not  in  regular  attendance  at 
the  public  schools. 

Truant  officer,  (c)  It  shall  be  the  duty  of  the  truant  officer  of  the  city  or 
village  whenever  notified  by  the  teacher,  superintendent  or 
other  person  or  persons  of  violations  of  this  act,  and  the 
county  truant  officer  when  notified  by  the  commissioner  of 
schools  to  investigate  all  such  cases  of  truancy  or  non-attend- 
ance at  school,  and  if  the  children  complained  of  are  not  ex- 
empt from  the  provisions  of  this  act  under  the  conditions 
named  in  section  one,  then  he  shall  immediately  proceed  as 
is  provided  in  section  four  of  this  act. 


GENERAL  SCHOOL  LAWS.  91 


(d)     In  case  any  parent  or  other  person  in  parental  rela- Misdemeanor, 
tion  shall  fail  to  comply  with  the  provisions  of  this  act  he  shall  J^ny  oefmed 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction 
thereof,  be  liable  to  a  fine  of  not  lese  than  five  dollars  nor 
more  than  fifty  dollars,  or  by  imprisonment  in  the  county  or 
city  jail,  for  not  less  than  two  nor  more  than  ninety  days,  or 
both   such  fine  and   imprisonment  in  the  discretion   of  the 
court. 

(220.)     SEC.  4.     (a)     It  shall  be  the  duty  of  the  county  county  corn- 
commissioner  of  schools  to  furnish  the  truant  officer  of  the 
county,  at  the  opening  of  the  schools,  with  a  list  of  the  teachers  °f- 
and  superintendents  employed  in  his  county  in  school  districts 
other  than  in  such  city  and  village  districts  as  are  described  in 
section  two  of  this  act. 

(b)  In  case  any  parent  or  other  person  in  parental  rela- Notice  to 
tiori  shall  fail  to  immediately  send  the  child  or  children  under  parents- 
his  or  her  control  to  the  public  school,  the  truant  officer  upon 
having  notice  from  proper  authority  of  such  fact  shall  imme- 
diately and  within  twenty-four  hours  thereafter  give  formal 
written  notice,  in  person  or  by  registered  mail,  to  the  parent 

or  other  person  in  parental  relation,  that  the  child  or  children  What  to  set 
under  his  or  her  control  shall  present  himself  or  themselves  forth 
at  the  public  schools  on  the  Monday  following  the  date  of  such 
notice,  with  the  necessary  text  books  for  instruction  in  the 
proper  school  or  schools  of  the  district  or  city.     Said  notice 
shall  inform  the  parent  or  other  person  in  parental  relation 
of  the  date  that  attendance  must  begin  and  that  such  attend- 
ance at  school  must  be  consecutive  during  the  remainder  of 
the  school  year  as  taught  in  the  district.    The  truant  officer  Notice  to 
shall,  at  the  same  time  the  said  formal  notice  is  given  to  the 
parent  or  person  in  parental  relation,  notify  the  teacher  or  su-  ent. 
perintendent  or  commissioner  of  the  fact  of  notice  and  it  shall 
be  the  duty  of  the  teacher  or  superintendent  or  commissioner 
to  notify  the  truant  officer  of  failure  on  part  of  the  parent 
or   other  person   in   parental   relation  to  comply  with  said 
notice. 

(c)  It  shall  be  the  duty  of  all  truant  officers,  after  having  when  truant 
given  the  formal  notice  hereinbefore  described,  to  determine 
whether  the  parent  or  other  person  in  parental  relation  has 
complied  with  the  notice,  and  in  case  of  failure  to  so  comply 

he  shall  immediately  and  within  three  days  after  having 
knowledge  or  being  notified  thereof,  make  a  complaint  against 
said  parent  or  other  person  in  parental  relation  having  the 
legal  charge  and  control  of  such  child  or  children  before  a 
justice  of  the  peace  in  the  city,  village  or  township,  or  adjoin- 
ing township,  where  such  party  resides  for  such  refusal  or 
neglect  to  send  such  child  or  children  to  school;  and  said  Justice  to  issue 
justice  of  the  peace  shall  issue  a  warrant  upon  said  com-  SJJfSte. 
plaint  and  shall  proceed  to  hear  and  determine  the  same  in 
the  same  manner  as  is  provided  by  statute  for  other  cases  un- 
der his  jurisdiction,  and  in  case  of  conviction  of  any  parent  or 


GENERAL  SCHOOL  iLAVVS. 


other  person  in  parental  relation  for  violation  of  this  act, 
said  parent  or  other  person  in  parental  relation  shall  be  pun- 
ished according  to  the  provisions  of  section  three  of  this  act: 
Proviso,  as  to  Provided,  That  in  cities  having  a  recorder's  court  and  justices 
of  the  peace,  the  truant  officer  shall  make  the  aforesaid  com- 
plaint before  the  magistrate  of  said  recorder's  court,  or  before 
a  justice  of  the  peace,  and  said  magistrate  or  justice  shall 
issue  a  warrant  and  proceed  to  hear  and  determine  the  case 
in  the  same  manner  as  is  provided  in  the  statute  for  other 
cases  under  his  jurisdiction. 

(d)  It  shall  be  the  duty  of  all  school  officers,  superintend- 
ents, teachers  or  other  persons  to  render  such  assistance  and 
furnish  sucft  information  as  they  may  have  at  their  command 
to  aid  such  truant  officer  in  the  performance  of  his  official 
duties. 

(221.)  SEC.  5.  In  any  graded  or  city  district,  in  this  State, 
the  school  board  or  officers1  having  in  charge  the  schools  of 
such  districts  may  establish  one  or  more  ungraded  schools 
for  the  instruction  of  certain  children  as  defined  and  set  forth 
in  the  following  section.  They  may,  through  the  truant  officer 
and  superintendent  of  schools,  require  such  children  to  at- 
tend said  ungraded  schools,  or  any  department  of  their  graded 
schools,  as  said  board  of  education  may  direct. 

(222.)  SEC.  6.  The  following  classes  of  persons  between 
and  including  the  ages  of  seven  and  sixteen  years  residing  in 
graded  school  districts  or  cities  as  described  in  section  five  of 
this  act  shall  be  deemed  juvenile  disorderly  persons  and  shall, 
in  the  judgment  of  the  proper  school  authorities,  be  assigned 
to  the  ungraded  school  or  schools  as  provided  in  section  five 
of  this  act:  Class  one,  habitual  truants  from  any  school  in 
which  they  are  enrolled  as  pupils;  class  two,  children,  who, 
while  attending  any  school,  are  incorrigibly  turbulent,  disobe- 
dient or  insubordinate,  or  are  vicious  and  immoral  in  conduct; 
class  three,  children  who  are  not  attending  any  school  and  who 
habitually  frequent  streets  and  other  public  places,  having  no 
lawful  business,  employment  or  occupation. 


Officers,  etc., 
to  aid  truant 
officer. 


School  boards, 
may  establish 
ungraded 
schools. 


May  require 
attendance. 


Juvenile 
disorderly 
persons,  who 
deemed. 


MISCELLANEOUS  OFFENSES. 

An  Act  to  prevent  crime  and  to  punish  truancy. 
[Act  162,  1883.] 


what  children  (223.)  §  11765.  SECTION  1.  That  every  boy  between  the 
aStfor  du£~  age  of  ten  and  sixteen  years,  or  any  girl  between  the  age  of 
persons  ^en  an(^  seventeen  years,  who  shall  frequent  or  be  found  loung- 

ing about  saloons,  disreputable  places,  houses  of  ill  fame,  or 
who  shall  be  an  inmate  or  resident  or  a  member  of  a  family 


GENERAL  SCHOOL  LAWS.  93 

who  [reside]  resides  in  any  house  of  ill  fame,  or  conduct  any 
other  disreputable  place,  or  who  shall  frequent  other  rooms  or 
places  where  dissolute  and  disreputable  people  congregate,  or 
where  intoxicating  liquors  are  kept  for  sale,  or  who  shall, 
against  the  command  of  his  or  her  parents  or  guardian,  run 
away  or  wilfully  absent  himself  or  herself  from  the  school  he 
or  she  is  attending,  or  from  any  house,  office,  shop,  firm  or 
other  place  where  he  or  she  is  residing  or  legitimately  em- 
ployed with  labor,  or  who  shall  against  such  command  of  his 
or  her  parents  or  guardian  or  for  any  immoral,  disorderly  or 
dishonest  purposes  be  found  lounging  upon  the  public  streets, 
highways  or  other  public  resorts  or  at  places  of  amusement 
of  dissolute  or  improper  character,  or  who  shall  against  any 
such  command  or  for  any  [such]  disorderly  or  dishonest  pur- 
poses attend  any  public  dance,  skating  rink,  or  show  shall  be 
deemed  guilty  as  a  truant  or  disorderly  child. 

(224.)     §  117GG.     SEC.  2.     Upon  the  complaint  upon  oath  Who  to  make 
and  in  writing  made  before  any  justice  of  the  peace,  police  co 
justice  or  other  criminal  magistrate,  by  the  parent  or  guardian 
or  other  person  knowing  of  the  facts  of  his  own  knowledge, 
that  any  girl  between  the  age  of  ten  and  seventeen  years,  or 
that  any  boy  between  the  age  of  ten  and  sixteen  years,  or  by 
the  supervisor  of  any  township,  or  mayor  of  any  city,  or  presi- 
dent of  any  village,  and  in  any  city  of  over  eight  thousand 
population  by  the  chief  of  police,  mayor,  or  other  person  know- 
ing of  the  facts  of  his  own  knowledge,  that  such  minor  has 
been  guilty  of  any  of  the  acts  specified  in  section  one  of  this 
act,  such  justice  of  the  peace,  police  justice  or  other  criminal 
magistrate,  shall  issue  a  warrant  for  the  arrest  of  such  minor, 
and  upon  conviction  such  minor,  if  a  boy,  may  be  sentenced  Term  of 
by  such  justice  of  the  peace,  police  justice  or  criminal  magis- se 
trate,  to  the  industrial  school  for  boys  at  Lansing,  and  if  a 
girl,  to  the  industrial  home  for  girls  at  Adrian,  boys  until 
eighteen  years  of  age,  and  girls  until  twenty-one  years  of  age, 
unless  sooner  discharged  according  to  law:    Provided,    That  Proviso  as  to 
no  person  or  persons  shall  be  sent  to  the  said  industrial  school  SStSu».° 
for  boys  or  to  the  industrial  home  for  girls  until  the  sentence 
therein  has  been  submitted  to  and  approved  by  one  of  the 
judges  of  the  recorder's  court  of  the  city  of  Detroit,  or  judge 
of  the  superior  court  of  the  city  of  Grand  Kapids,  or  any  cir- 
cuit judge   or  probate  judge  of  the  county  in  which  such 
conviction  shall  be  had. 

Am.  1899,  Act  75. 

(225.)     §  11767.     SEC.  3.     The  same  proceedings  shall  be  Proceedings 
had  upon  the  trial  of  any  person  charged  with  being  guilty  of  " 
any  of  the  offenses  mentioned  in  section  one  of  this  act  before 
the  justice  before  whom  such  person  is  brought  as  are  had  in 
trials  for  misdemeanor,  as  far  as  the  same  are  applicable,  and  Duty  of  state 
the  State  agent  for  the  care  of  juvenile  offenders  of  the  county  a| 
wherein  such  offenders  may  be  on  trial  shall  have  authority 


GENERAL  SCHOOL  LAWS. 


and  take  the  same  action  in  the  premises  as  is  provided  by  act 
number  one  hundred  and  seventy-one  of  the  session  laws  of 
eighteen  hundred  and  seventy-three  of  this  State. 


Children  not 
permitted  in 
saloons, 
gambling 
nouses,  etc. 


Penalty  for 
violation. 


An  Act  to  provide  for  the  protection  of  children. 

(From  this  act  only  such  portion  is  quoted  as  relates  directly  to  students 
in  schools.) 

[Act  260,  1881.] 

(226.)  §  5554.  SEC.  2.  No  minor  child  under  seventeen 
years  of  age,  nor  any  minor  who  is  a  student  in  any  public, 
private  or  parochial  schools  in  the  State  of  Michigan  shall  be 
permitted  to  remain  in  any  saloon,  bar-room,  or  other  place 
where  any  spirituous  or  intoxicating  liquor,  or  wine  or  beer,  or 
any  beverage,  liquor  or  liquors  containing  any  spirituous  or  in- 
toxicating liquor,  beer  or  malt  liquor,  is  sold,  given  away,  or 
furnished  for  a  beverage ;  or  in  any  place  of  amusement  known 
as  dance  houses,  concert  saloons,  variety  theaters;  or  in  any 
house  of  prostitution ;  or  in  any  room  or  hall  occupied  or  used 
for  hire,  gain,  or  reward,  for  the  purpose  of  playing  billiards, 
pool,  nine-pins,  cards,  dice,  or  any  other  unlawful  game,  or  in 
any  room  or  hall  used  or  occupied  for  gaming,  pool-selling,  or 
betting  in  any  manner  whatever.  Any  proprietor,  keeper,  or 
manager  of  any  such  place  who  shall  permit  such  child  to 
remain  in  any  such  place,  and  any  person  who  shall  encourage 
or  induce  in  any  way  such  child  to  enter  such  place  or  to  re- 
main therein,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  ten  days  nor  more 
than  thirty  days  or  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court. 

Am.  1905,  Act  23C. 


Annual 
meeting. 


Officers  to  be 
elected. 


POWERS,   DUTIES,   AND   OFFICERS   OF   TOWNSHIPS. 

(From  this  chapter  are  quoted  only  such  sections  as  relate  to  the  election, 
powers,  and  duties  of  SCHOOL  INSPECTORS.) 

(227.)  §  2275.  SEC.  8.  The  annual  meeting  of  each  town- 
ship shall  be  held  on  the  first  Monday  in  April,  in  each  year, 
and  at  such  meeting  there  shall  be  an  election  for  the  follow- 
ing officers:  One  supervisor,  one  township  clerk,  one  treas- 
urer, one  school  inspector,  one  commissioner  of  highways,  so 
many  justices  of  the  peace  as  there  are  by  law  to  be  elected  in 


GENERAL  SCHOOL  LAWS.  95 


the  township,  and  so  many  constables  as  shall  be  ordered  by 
the  meeting,  not  exceeding  four  in  number. 

ANNUAL- MEETINGS  :     Annual  meetings  and  general  elections  distinguished. 
' — People  v.   Knight,   13  /  242.     Annual   meeting  held  outside  of  township. — Id. 

OFFICERS  :  The  regulation  of  township  affairs,  legally  concerning  none  but 
the  people  of  the  town,  cannot  be  lawfully  vested  in  any  officers  imposed  upon 
the  town  from  without. — Hubbanl  v.  Springwells,  25  /  153,  156.  See  Pe6ple 
v.  Hurlbut,  24/44;  Att'y  Gen.  v.  Lothrop,  24  /  235 ;  Park  Commrs.  v.  Com- 
mon Council,  28  /  228  ;  Att'y  Gen.  v.  Common  Council,  29  /  110  ;  Youngblood  v.  « 
Sexton,  32/416,  417;  Allor  v.  Wayne  Auditors,  43/98. 

(228.)     §  2276.     SEC.  9.     Each  of  the  officers  named  in  the  Officers  to  be 
last  preceding  section,  shall  be  chosen  by  ballot;  and  before  baSot? by 
proceeding  to  choose  the  officers  hereinafter  directed  to  be 
chosen  at  such  meeting. 

As  to  the  last  clause,  see  Section  2309. 

(229.)     §  2283.     SEC.  13.     Each  school  inspector  elected  as  Term  of  9fnce 
aforesaid  shall  hold  his  office  for  two  years  from  that  time  gpeaors!  in~ 
and  until  his  successor  shall  be  elected  and  duly  qualified,  ex-  vacancy. 
cept  when  elected  or  appointed  to  fill  a  vacancy,  in  which  case 
he  shall  hold  the  office  during  the  unexpired  portion  of  the  reg- 
ular term :    Provided,  That  in  the  year  eighteen  hundred  and 
eighty-two  one  additional  school  inspector  in  each  township 
shall  be  elected  for  the  term  of  one  year:  Provided  further, 
That  the  township  superintendent  of  schools  and  school  inspec- 
tors now  in  office  shall  continue  to  act  as  school  inspectors,  and 
said  superintendent  of  schools  shall  continue  to  act  as  chair- 
man of  the  board  of  school  inspectors  until  the  school  inspec- 
tors provided  for  by  this  act  shall  have  been  elected  and  duly 
qualified  and  shall  enter  upon  the  duties  of  their  respective 
offices. 

(230.)     §2285.     SEC.  15.     Each  township  officer  elected  at  Officers 
a  special  meeting  to  fill  a  vacancy,  shall  hold  his  office  during 
the  then  unexpired  portion  of  the  regular  term  of  the  office, 
and  no  longer,  unless  again  elected. 

(231.)     §  2374.     SEC.  95.    The  following  township  officers  officers 
shall  be  entitled  to  compensation  at  the  following  rates,  for  comPensated- 
each  day  actually  and  necessarily  devoted  by  them  to  the  ser- 
vice of  the  township,  in  the  duties  of  their  respective  offices, 
to  be  verified  by  affidavit,  whenever  required  by  the  township  , 
boards : 

First,  The  officers  composing  the  township  board,  board  of 
registration,  board  of  health,  inspectors  of  election,  clerks  of 
the  poll,  commissioners  of  highways  and  school  inspectors, 
one  dollar  and  fifty  cents  per  day,  and  at  the  same  rate  for 
parts  of  days; 

Second,  The  township  clerk,  as  clerk  of  the  board  of  com- 
missioners of  highways,  of  the  township  board,  and  of  the 
board  of  school  inspectors,  one  dollar  and  fifty  cents  per  day, 
and  at  the  same  rate  for  parts  of  a  day;  but  no  township 
officer  shall  be  entitled  to  pay  for  acting  in  more  than  one 
capacity  at  the  same  time. 


96  GENERAL  SCHOOL  LAWS. 

ECORSE  TOWNSHIP :  AQt  343  of  1897  provides  salaries  for  certain  officers 
in  Ecorse  township,  Wayne  county,  as  follows :  Supervisor,  $600 ;  township 
clerk,  $300 ;  highway  commissioner,  $300 ;  each  justice  acting  on  the  township 
board,  $50. 


TEACHERS'  ASSOCIATIONS. 

An    Act    to    incorporate    teachers'    associations. 
[Act  117,  1855.] 

The  People  of  the  State  of  Michigan  enact: 

Fifteen  or  (232.)     §  7730.     SECTION  1.    Any  fifteen  or  more  teachers, 

mayeformhers   or  °ther  persons  residing  in  this  State,  who  shall  associate  for 
corporation,    -the  purpose  of  promoting  education  and  science,  and  improve- 
ments in  the  theory  and  practice  of  teaching,  may  form  them- 
selves into  a  corporation,  under  such  name  as  they  may  choose, 
Notice  to  be     providing  they  shall  have  published  in  some  newspaper  printed 
published.        ^  Lansjng  or  jn  the  county  in  which  such  association  is  to  be 
located,  for  at  least  one  month  previous,  a  notice  of  the  time, 
place  and  purpose  of  the  meeting  for  such  association,  and 
shall  file  in  the  office  of  the  secretary  of  state  a  copy  of  the  con- 
stitution and  by-laws  of  said  association. 

May  hold  (233.)     §  7731.     SEC.  2.     Such  association  may  hold  and 

property.  possess  real  and  personal  property  to  the  amount  of  five 
Restrictions  thousand  dollars,  but  the  funds  or  property  thereof  shall  not 
upon  its  use.  j^  ^ed  f  or  any  other  purpose  than  the  legitimate  business  of 

the  association  in  securing  the  objects  of  its  corporation. 
Privileges  and  (234.)  §  7732.  SEC.  3.  Upon  becoming  a  corporation  as 
hereinbefore  provided,  they  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  of  a  corporation, 
according  to  the  provisions  of  chapter  fifty-five  of  the  revised 
statutes  of  this  State,  so  far  as  such  provisions  shall  be 
applicable  in  such  case,  and  not  inconsistent  with  the  provi- 
sions of  this  act. 

Chap.  55  referred  to  is  Sections  8527-51,  C.  L.  1897. 


STATE  ACCOUNTS. 

An  Act  to  provide  for  the  safe  keeping  of  public  moneys. 
[Act  131,  1875.] 

The  People  of  the  State  of  Michigan  enact: 

"Public  (235.)     §  1197.     SECTION  1.     That  all  moneys  which  shall 

come  into  the  hands  of  any  officer  of  the  State,  or  of  any  officer 


GENERAL  SCHOOL  LAWS.  97 

of  any  county  or  of  any  township,  school  district,  highway  dis- 
trict, city,  or  village,  or  of  any  other  municipal  or  public  cor- 
poration within  this  State,  pursuant  to  any  provision  of  law 
authorizing  such  officer  to  receive  the  same,  shall  be  denom- 
inated public  moneys  within  the  meaning  of  this  act. 

See  Fire  and  Water  Commrs.  v.  Wilkinson,  119  /  659. 

As   to   county   treasurers,    see   Ferley   v.    Muskegon    Co.,   32  / 132.      See   also 
Section  2539  and  notes. 

(236.)     §  1198.     SEC.  2.     It  shall  be  the  duty  of  every  offi-  Public  moneys 
cer  charged  with  the  receiving,  keeping  or  disbursing  of  public  separakt!Pfrom 
moneys  to  keep  the  same  separate  and  apart  from  his  own  fu1ne(Jtsher 
money,  and  he  shall  not  commingle  the  same  with  his  own 
money,  nor  with  the  money  of  any  other  person,  firm  or  cor- 
poration. 

(237.)  §  1199.  -  SEC.  3.  No  such  officer  shall,  under  any  HOW  used. 
pretext,  use,  nor  allow  to  be  used,  any  such  moneys  for  any 
purpose  otner  than  in  accordance  with  the  provisions  of  law ; 
nor  shall  he  use  the  same  for  his  own  private  use,  nor  loan  the 
same  to  any  person,  firm,  or  corporation  without  legal  au- 
thority so  to  do. 

(238.)     §  1200.     SEC.  4.     In  all  cases  where  public  moneys  Inte1[es5n°0n1 
are  authorized  to  be  deposited  in  any  bank,  or  to  be  loaned  to  to  constitute3! 
any  individual,  firm,  or  corporation,  for  interest,  the  interest  general  fund- 
accruing  upon  such  public  moneys  shall  belong  to  and  consti- 
tute a  general  fund  of  the  State,  county,  or  other  public  or 
municipal  corporation,  as  the  case  may  be. 

(239.)     §  1201.     SEC.  5.     In  no  case  shall  any  such  officer,  officers  not  to 

rpcpivG  con 

directly  or  indirectly,  receive  any  pecuniary  or  valuable  con-  sideration  for 
sideration  as  an  inducement  for  the  deposit  of  any  public  mraey.  °f 
moneys  with  any  particular  bank,  person,  firm,  or  corporation. 

(240.)  §  1202.  SEC.  6.  The  provisions  of  this  act  shall  Provisions^ 
aPply  to  all  deputies  of  such  officer  or  officers,  and  to  all  clerks,  todeputiesf 
agents,  and  servants  of  such  officer  or  officers. 

(241.)     §  1203.     SEC.  7.     Any  person  guilty  of  a  violation  Penalty  for 
of  any  of  the  provisions  of  this  act  shall,  on  conviction  thereof,  ™ionsnofpr< 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  act- 
imprisonment  in  the  county  jail  not  exceeding  six  months,  or 
both  such  fine  and   imprisonment   in  the  discretion  of  the 
court :  Provided,  That  nothing  in  this  act  contained  shall  pre-  Proviso, 
vent  a  prosecution  under  the  general  statute  for  embezzlement 
in  cases  where  the  facts  warrant  a  prosecution  under  such 
general  statute. 

(242.)     §  1204.     SEC.  8.    Any  officer  who  shall  wilfully  or  g»aity jor 
corruptly  draw  or  issue  any  warrant,  order,  or  certificate  for  ment  ofay~ 
the  payment  of  money  in  excess  of  the  amount  authorized  by  monev- 
law,  or  for  a  purpose  not  authorized  by  law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  punished  as  provided  in 
the  preceding  section. 
13 


98 


GENERAL  SCHOOL  LAWS. 


Payment  of 
damages. 


Apportion- 
ment of  sur- 
plus. 


Proviso. 


REGULATIONS   RELATIVE   TO   DOGS   AND    SHEEP. 

(From  this  chapter  we  quote  only  the  section  relating  to  the  apportion- 
ment of  the  surplus  DOG  TAX  to  school  districts.) 

% 

[Act  48,   1901.] 

(243.)  SEC.  6.  At  'the  annual  meeting  of  the  township 
board  in  each  year,  and  at  a  meeting  of  the  common  coun- 
cil of  each  city  in  April  of  each  year,  the  said  board  or  council, 
as  the  case  may  be,  shall  examine  all  certificates  of  damage 
filed  by  the  clerk,  as  aforesaid,  during  the  preceding  year,  and 
if  satisfied  that  in  any  case  or  cases  the  certified  damages 
are  excessive,  they  may  reduce  the  same  to  such  amount  as 
they  may  deem  just,  and  may  order  the  payment  of  all  such 
loss  as  they  may  consider  just,  out  of  the  fund  aforesaid,  if  it 
be  sufficient  for  that  purpose,  and  if  not  sufficient  they  may 
order  a  proportionate  payment  of  each  claim.  If  money  re- 
mains of  such  fund,  after  satisfactory  payment  of  all  claims 
aforesaid  in  any  one  year,  over  and  above  the  sum  of  one 
hundred  dollars,  it  shall  be  apportioned  among  the  several 
school  districts  of  such  township  or  city  in  proportion  to  the 
number  of  children  therein  of  school  age:  Provided,  That  no 
payment  of  loss  shall  be  made  as  provided  for  in  this  section 
unless  the  party  applying  for  the  same  shall  make  it  appear 
to  the  satisfaction  of  the  township  board  or  common  council 
that  he  has  made  all  due  efforts  and  has  not  been  able  to 
obtain  satisfaction  therefor,  from  the  owner  or  owners  of  the 
dog  or  dogs  which  shall  have  done  the  damage. 

EXPLANATORY  NOTE  BY  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION :  The  apportionment  must  be  based  upon  the  whole  number  of  children 
of  school  age  residing  in  the  township,  and  include  all  districts  whether  lying 
wholly  or  partly  in  such  township.  In  case  of  a  fractional  district  in  which 
the  school-house  is  situated  in  a  different  township,  the  money  belonging  to 
such  district  must  be  paid  over  to  the  treasurer  of  the  township  in  which  the 
school-house  is  situated,  and  by  that  treasurer  paid  to  the  district  in  the  same 
way  as  in  the  case  of  the  one-mill  and  other  taxes. 


STATE  NORMAL  SCHOOLS. 


An  Act  to  revise  and  consolidate  the  laws  relative  to  the  State  Board 

of  Education. 

[Act  194,  1889.] 
The  People  of  the  State  of  Michigan  enact: 

TO  be  a  body  (244.)  §  1812.  SECTION  1.  That  for  the  purpose  of  ren- 
dering more  efficient  their  organization,  and  to  enable  them 
more  fully  to  carry  into  effect  the  provisions  of  the  constitu- 


GENERAL  SCHOOL  LAWS.  99  , 

tion  relative  thereto,  the  State  Board  of  Education  shall  be 
and  they  are  constituted  a  body  politic  and  corporate,  and  TO  hold  prop- 
are  hereby  empowered  to  purchase,  have,  hold,  possess  and  en-  scloo°i!  etc™^ 
joy  to  themselves  and  their  successors,  all  the  lands,  tene- 
ments, hereditaments,  goods,  chattels  and  effects  of  every  kind 
now  belonging  to  the  State  Normal  School  or  that  may  here- 
after be  acquired  by  the  same;  and  the  same  to  grant,  alien, 
invest,  sell  and  dispose  of;  to  sue  and  [to]  be  sued,  plead  and 
be  impleaded,  in  all  the  courts  in  this  State;  to  have  and  to  use 
a  seal,  and  the  same  to  change,  alter  and  renew  at  pleasure, 
and  to  make  such  by-laws  and  regulations  as  they  may  deem 
proper  for  the  government  and  conduct  of  said  [board]  and  for 
the  transaction  of  its  business :    Provided,    The  same  be  not  Proviso, 
repugnant  to  the  constitution  or  laws  of  this  State  or  of  the 
United  States:   Provided  further,  That  said  corporation  shall  F™th&c, 
be  subject  to  the  provisions  of  chapter  fifty-five  of  the  revised  pl 
statutes  of  eighteen  hundred  and  forty-six,  so  far  as  the  same 
can  apply,  and  are  not  inconsistent  with  the  provisions  of  this 
act. 

Chapter  55  of  the  revised  statutes  of  1846  contains  the  "general  provisions 
relating  to  corporations"  and  will  be  found  in  Chapter  230,  Sections  8527-51, 
compiled  laws  1897.  See  acts  138  and  178  of  1849,  establishing  a  state  normal 
school. 

(245.)     §  1813.     SEC.  2.     Said  board  shall  have  power  to  Power  of 
transact  all  necessary  business  at  any  meeting,  a  quorum  be- 
ing present.    Said  board  shall  make  and  provide  such  by-laws 
and  regulations  for  the  conduct  of  its  business  as  it  shall  deem 
proper.    A  quorum  of  said  board  shall  consist  of  a  majority  Quorum, 
of  its  members.    All  processes  against  said  board  of  education  Processes, 
shall  be  served  on  the  president  or  secretary  thereof. 

(240.)     §  1814.     SEC.  3.     The   State   Board   of   Education  orthe  normal 
shall  continue  the  normal  school  at  Ypsilanti  in  the  county  of sc 
Washtenaw,  where  it  is  now  located.     The  purpose  of  the 
normal  school  shall  be  the  instruction  of  persons  in  the  art  of 
teaching,  and  in  all  the  various  branches  pertaining  to  the  pub- 
lic schools  of  the  State  of  Michigan :  Provided,  There  shall  be  Proviso, 
prescribed  for  said  school  a  course  of  study  intended  specially 
to  prepare  students  for  the  rural  and  the  elementary  [graded] 
schools  of  the  State,  which  shall  provide  not  less  than  twenty 
weeks  of  special  professional  instruction. 

(247.)     §  1815.     SEC.  4.     No  member  of  said  board  of  edu-  Members  not 
cation  shall,  during  his  continuance  in  office,  act  as  the  agent  agent1  for 
of  any  publisher  or  publishers  of  school  books  or  school  li- 
brary  books,  or  be  or  become  interested  in  the  publication  or 
sale  of  any  such  book  or  books  as  agent  or  otherwise. 
"  (248.)     §  1816.     SEC.  5.     Said  board  shall  provide  all  nee- 
essary  courses  of  study  to  be  pursued  in  the  normal  school  and       school, 
establish    and    maintain    in    connection    therewith    a    fully etc- 
equipped  training  school  as  a  school  of  observation  and  prac- 
tice, and  shall  grant,  upon  the  completion  of  either  of  said 
courses,  such  diploma  as  it  may  deem  best,  and  such  diploma 


100 


GENERAL  SCHOOL  LAWS. 


Certificate  to 
teach,  when 
granted,  term 
of,  etc. 


Proviso. 


Life  certifi- 
cates,  when 
granted,  etc. 


when  granted  shall  carry  with  it  such  honors  as  the  extent 
of  the  course  for  which  the  diploma  is  given  may  warrant  and 
said  board  of  education  may  direct. 

(249.)  §  1817.  SEC..  6.  Upon  the  completion  of  the 
course  specially  prescribed  as  hereinbefore  provided  for  the 
rural  and  elementary  graded  schools,  said  board  of  education 
shall,  upon  the  recommendation  of  the  principal  and  a  majority 
of  the  heads  of  the  departments  of  said  school,  grant  a  certifi- 
cate which  shall  be  signed  by  said  board  and  the  principal  of 
the  normal  school,  which  certificate  shall  contain  a  list  of  the 
studies  included  in  said  course,  and  which  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  the  State  for  which 
said  course  has  been  provided  for  a  period  of  five  years :  Pro- 
vided, That  said  certificate  may  be  suspended  or  revoked  by 
said  State  Board  of  Education  upon  cause  shown  by  any  coun- 
ty board  of  examination,  or  by  any  board  of  school  officers. 

(250.)  §  1818.  SEC.  7.  Upon  the  completion  of  either 
of  the  advanced  courses  of  study  prescribed  by  said  State 
board,  which  shall  require  not  less  than  four  years  for  their 
completion,  said  board  of  education,  upon  the  recommendation 
of  the  principal  and  a  majority  of  the  heads  of  the  departments 
of  said  school,  shall  issue  a  certificate  to  the  person  completing 
said  course,  which  certificate  shall  be  referred  to  in  the  diplo- 
ma hereinbefore  provided  to  be  granted.  Said  certificate  shall 
set  forth  a  list  of  the  studies  of  the  course  completed  and, 
when  given,  shall  operate  as  a  life  certificate,  unless  revoked 
by  said  State  Board  of  Education. 

(251.)  §  1819.  SEC.  8.  The  board  of  education  shall 
make  such  regulations  for  the  admission  of  pupils  to  said 
school  as  it  shall  deem  necessary  and  proper :  Provided,  That 
the  applicant  shall,  before  admission,  sign  a  declaration  of  in- 
tention to  teach  in  the  schools  in  this  State. 

(252.)  §  1820.  SEC.  9.  Said -board  of  education  shall  ap- 
point each  year  three  visitors  whose  duty  it  shall  be  to  ex- 
amine thoroughly  into  the  affairs  of  the  normal  school  and  re- 
port their  views"  with  regard  to  its  condition  and  any  other 
matters  they  may  judge  expedient,  to  the  said  board  of  educa- 
tion, which  report  shall  be  incorporated  in  the  report  of  the 
superintendent  of  public  instruction  and  in  the  report  of  said 
board  of  education  to  be  made  to  the  legislature  as  hereinafter 
provided.  Said  visitors  shall  receive  two  dollars  per  day  for 
time  actually  spent  in  visitation  and  also  their  actual  travel- 
ing expenses,  to  be  paid  out  of  the  funds  of  said  board :  Pro- 
vided, That  not  more  than  two  visits  shall  be  made  by  any 
board  of  visitors. 

(253.)  §  1821.  SEC.  10.  Said  board  of  education  shall 
make  to  the  legislature,  at  every  regular  session  thereof,  a  re- 
port setting  forth : 

First,  The  work  done  by  the  school  since  the  last  report ; 

Second,  The  [need]  needs  and  requirements  of  the  school; 

Third,  A  report  of  the  principal  of  the  school,  concerning 


May  be 
revoked. 


Admission  of 
pupils. 

Proviso. 


To  appoint 
visitors,  report 
of.  etc. 


Proviso. 


Report  of 
board,  con- 
tents of,  etc. 


GENERAL  SCHOOL  LAWS./  101 


such  matters  pertaining  to  the  school  as  have- ^been- under  Ms  '  ' 
immediate  direction  and  control,  and  such  recommendations 
as  he  may  deem  desirable  to  make  to  the  board ;  and 

Fourth,  A  financial  statement,  showing  in  detail  the  moneys 
received  and  expended,  with  an  itemized  statement  of  receipts 
and  expenditures,  as  near  as  may  be. 

(254.)     §  1822.     SEC.  11.     The  board   shall   elect  a   treas-  Treasurer. 
urer,  who  shall  furnish  bonds,  with  two  sureties,  in* the  penal 
sum  of  not  less  than  twenty  thousand  dollars,  conditioned  for 
the  faithful  discharge  of  his  duties.     Such  treasurer  shall  re- 
ceive such  compensation  as  to  the  board  may  seem  just. 

(255.)  §  1823.  SEC.  12.  The  ten  sections  of  salt  spring  Lands  appro- 
lands  located  by  the  board  of  education  under  the  provisions 
of  sections  fifteen  and  sixteen  of  "An  act  to  establish  a  State 
normal  school,"  approved  March  twenty-eighth,  eighteen  hun- 
dred and  forty-nine,  together  with  the  fifteen  sections  of  said 
salt  spring  lands  located  under  the  provisions  of  section  six- 
teen of  said  act,  and  all  such  lands  as  may  be  granted  by  con- 
gress or  received  or  set  apart  in  any  manner  in  lieu  of  any  por- 
tion of  said  land,  to  which  the  title  may  prove  insufficient,  and 
all  donations,  in  land  or  otherwise,  to  the  State  in  trust  or  to 
the  board  of  education  for  the  support  of  a  normal  school, 
shall  constitute  a  fund  to  be  called  the  normal  school  endow- 
ment fund,  and  shall  be  reserved  from  sale  until  the  same 
shall  be  appraised.  The  minimum  price  of  said  lands  shall  be  Minimum 
four  dollars  per  acre,  and  it  shall  be  the  duty  of  the  officer 
authorized  to  sell  said  lands,  to  cause  the  same  to  be  appraised 
as  soon  as  practicable,  in  the  manner  provided  for  the  ap- 
praisal of  other  lands ;  none  of  said  lands  shall  be  sold  for  less 
tl\an  the  minimum  price  fixed  by  law.  It  shall  not  be  neces- 
sary to  appraise  any  of  said  lands  which  have  heretofore  been 
appraised  under  existing  provisions  of  law;  and  the  proceeds 
of  sales  of  any  of  said  lands  heretofore  appraised  and  sold 
shall  constitute  a  part  of  the  fund  herein  provided.  After 
such  appraisal,  such  land  shall  be  and  remain  subject  to  sale 
at  the  State  land  office  as  is  now,  or  shall  be  hereafter,  pro- 
vided by  law,  and  the  principal  shall  be  and  remain  a  prepetual 
fund  for  the  use  of  said  institution,  except  as  herein  provided. 
The  installments  of  principal  paid  by  the  purchasers  shall  be 
paid  into  the  State  treasury,  and  the  interest  thereon  from  the 
time  of  its  receipt,  or  from  the  time  of  the  preceding  computa- 
tion of  interest  as  the  same  may  be,  shall  be  computed  by  the 
Auditor  General  and  the  State  Treasurer  at  the  close  of  each 
fiscal  year,  at  the  rate  of  six  per  cent  per  annum,  and  together 
with  all  interest  paid  by  purchasers  of  said  lands,  shall  be 
passed  to  the  credit  of  the  normal  school  interest  fund. 

(256.)     §  1824.     SEC.  13.     The  normal  school  interest  fund,  tord have 
and  any  moneys  which  may  be  from  time  to  time  appropriated 
for  the  purposes  of  the  said  normal  school,  shall  be  under  the 
direction  and  control  of  said  State  Board  of  Education,  sub- 
ject to  the  provisions  herein  contained,  and  shall  be  paid  to  the 


102 


GENERAL  SCHOOL  LAWS. 


Proviso. 


Compensation 
of  board. 


Meetings  of 
State  board  of 
education  to 
examine 
teachers  and 
grant 
certificates. 


Proviso. 


Certain  text- 
books, etc., 
duty  of  board 
relating 
thereto. 


'treasurer  of  said  board  from  time  to  time  by  the  State 
Treasurer  on  the  warrant  of  the  Auditor  General  drawn  upon 
the  certificate  of  the  president  and  secretary  of  said  board  of 
education  that  said  money  is  needed.  No  such  warrant  shall 
be  given  except  on  accounts  audited  and  allowed  by  said  board, 
covering  as  [nearly]  near  as  may  be  the  amounts  previously 
furnished :  Provided,  That  said  board,  for  the  months  of  Jan- 
uary, February  and  March,  in  the  years  in  which  the  regular 
sessions  of  the  legislature  are  held,  shall  draw  money  for  cur- 
rent expenses  as  provided  in  section  four  hundred  and  nine- 
teen of  Howell's  annotated  statutes. 

(257.)  §  1825.  SEC.  14.  The  members  of  the  State 
Board  of  Education  shall  receive  three  dollars  per  day  for 
their  actual  services,  and  also  their  necessary  traveling  and 
other  expenses,  to  be  paid  by  the  State  Treasurer  out  of  the 
general  funds  in  the  manner  already  provided  by  law  for  the 
payment  of  the  accounts  of  boards  of  State  institutions. 

(258.)  §  1826.  SEC.  15.  Said  board  shall  hold  at  least 
two  meetings  each  year,  at  which  they  shall  examine  teachers, 
and  shall  grant  certificates  to  such  as  have  taught  in  the 
schools  of  the  State  at  least  two  years  and  who  shall,  upon  a 
thorough  and  critical  examination  in  every  study  required  for 
such  certificate,  be  found  to  possess  eminent  scholarship,  abil- 
ity, and  good  moral  character.  Such  certificate  shall  be  signed 
by  the  members  of  said  board,  and  be  impressed  with  its  seal, 
and  shall  entitle  the  holder  to  teach  in  any  of  the  public 
schools  of  this  State  without  further  examination,  and  shall  be 
valid  for  life  unless  revoked  by  said  board.  No  certificate 
shall  be  granted  except  upon  the  examination  herein  pre- 
scribed: Provided,  That  the  said  State  Board  of  Educatign 
may,  in  its  discretion  endorse  State  teachers'  certificates  or 
normal  school  diplomas  granted  in  other  states,  if  it  be  shown 
to  the  satisfaction  of  such  board  that  the  examinations  re- 
quired or  courses  of  study  pursued  are  fufly  equal  to  the  re- 
quirements of  this  State. 

(259.)  §  1827.  SEC.  16.  The  said  board  shall  examine  all 
text-books  in  physiology  and  hygiene  offered  for  use  in  the 
public  schools  of  this  State,  and  approve  those  only  which 
comply  with  the  law  relative  to  the  space  required  to  be  de- 
voted to  the  consideration  of  the  nature  and  effects  of  al- 
coholic drinks  and  narcotics,  as  provided  in  act  one  hundred 
and  sixty-four  of  the  public  acts  of  eighteen  hundred  and 
eighty-seven.  It  shall  also  be  the  duty  of  said  board  to  dis- 
tribute to  the  various  educational  institutions  of  the  State 
such  specimens  of  copper,  iron  and  other  ores  and  rocks  pre- 
scribed for  such  distribution  under  the  provisions  of  section 
three  of  act  nine  of  the  public  acts  of  eighteen  hundred  and 
seventy-seven,  being  compiler's  section  eight  hundred  and 
forty-one  of  HowelFs  annotated  statutes. 

The  act  of  1887  referred  to  is  act  165  instead  of  164.  It  amends  Sec.  15, 
Ch.  3  of  the  general  laws  of  1881  relative  to  public  instruction  and  will  be 
found  in  Comp.  Section  58. 


GENERAL  SCHOOL  LAWS.  103 

(260.)  §  1828.  SEC.  17.  All  insurance  moneys  or  means  Disposition 
collected,  received  or  made  available  at  any  time,  from  policies 
of  insurance,  or  by  reason  of  insurance  policies  upon  the  said 
normal  school  buildings  and  property  shall  be  and  the  same 
are  hereby  designated  and  set  apart  as  a  fund  or  means  for  re- 
building and  refurnishing  the  said  buildings. 

(261.)      §  1828a.     SEC.  18.     Any  person   holding  a  cerfifi- certificate 
cate  issued  or  approved  by  the  authority  of  the  State  Board  of  county th 
Education,  desiring  to  teach  in  any  school  under  the  jurisdic-  commissioner. 
tion  of  a  county  commissioner  of  schools  shall  file  the  said 
certificate,  or  a  copy  of  the  same  in  the  office  of  the  commis- 
sioner of  schools  in  the  county  in  which  he  or  she  desires  to 
teach. 

Added   1901,  Act   155. 


NORMAL  SCHOOLS. 

An  Act  to  establish  a  normal  school  in  Central  Michigan. 
[Act  261,  1895.] 

The  People  of  the  State  of  Michigan  enact: 
(262.)     §  1829.     SECTION  1.     That  a  normal  school  for  the  central  Michi- 


preparation  and  training  of  persons  for  teaching  in  the  rural 
district  schools,  and  the  primary  departments  of  the  graded 
schools  of  the  State,  to  be  known  as  "Central  Michigan  Normal 
School,"  be  established  and  continued  at  the  city  of  Mount 
Pleasant,  in  Isabella  county,  to  be  located  upon  block  ten  of 
the  normal  school  addition  to  said  city,  known  as  "normal  cam- 
pus," and  being  a  block  of  land  in  area  between  eight  and  ten 
acres. 

(263.)     §  1830.     SEC.  2.     The  State  Board  of  Education  is  state  board  of 
hereby  authorized  and  directed  to  procure  a  good  and  suf-  procure°deld 
ficient  deed  of  conveyance,  to  be  accompanied  with  abstract  °n™njtcy~ 
of  title  and  tax  history,  to  be  approved  by  the  Attorney  Gener- 
al,  conveying  to  the  said   board   of  education   and   its  suc- 
cessors a  good  and  unincumbered  title  in  fee  simple  to  said 
lands  and  buildings  thereon,  for  such  school,  and  a  proper 
article  of  sale  of  all  the  library,  school  furniture  and  ap- 
paratus therein,  said  lands  and  buildings  and  personal  prop- 
erty to  be  donated  to  the  State  of  Michigan,  in  consideration 
of  the  establishment  of  said  school,  and  to  be  conveyed  within 
thirty  days  after  the  passage  of  this  act. 

(264.)     §  1831.     SEC.  3.     Said  school  shall  be  under  and  schools  to  be 
subject  to  the  control  of  the  State  Board  of  Education,  accord- 


ing  to  the  provisions  of  act  number  one  hundred  ninety-four  board  of 

.    .  ,  ..       _  ..       .    .  ,  .  education. 

of  the  public  acts  of  eighteen  hundred  and  eighty-nine,  of 
Michigan,    entitled    "An   act    to   revise    and    consolidate   the 


104 


GENERAL  SCHOOL  LAWS. 


laws  relative  to  the  State  Board  of  Education,  and  amend- 
ments thereto/'  which  is  made  applicable  to  this  school,  except 
as  herein  otherwise  provided. 

The  act  referred  to  immediately  precedes  this.     See  Comp.   Sections  244-61. 


An  Act  to  change  the  name  of  the  "Michigan  State  Normal  School" 
to  "Michigan  State  Normal  College." 


[Act  52,  1899.] 

The  People  of  the  State  of  Michigan  enact: 

change  of  (265.)     SECTION  1.    The  institution  now  known  and  desig- 

Somafschooi  nated  under  the  name  and  style  of  "Michigan  State  Normal 
at  Ypsiianti.     School"  shall  hereafter  be  known  as  the  "Michigan  State  Nor- 
mal College." 

SEC.  2.    Repealing  clause. 


Name  of 
school. 


Purpose. 


Selection  of 
site. 

Area  and 
location. 


Deed  or 
conveyance. 


An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a 
normal  school  at  Marquette,  in  the  upper  peninsula  of  this  State, 
and  to  make  an  appropriation  for  the  same. 

[Act  51,  1899.] 
The  People  of  the  State  of  Michigan  enact: 

(266.)  SECTION  1.  That  a  normal  school  shall  be  located 
at  Marquette,  to  be  known  as  the  Northern  State  Normal 
School,  for  the  purpose  of  instructing  persons  in  the  several 
branches  pertaining  to  a  public  school  education,  and  in  the 
science  and  the  art  of  teaching  the  same. 

(267.)  SEC.  2.  The  State  Board  of  Education  is  hereby 
authorized  to  procure  a  suitable  site  for  the  grounds  and  build- 
ings for  said  normal  school,  which  site  shall  consist  of  at  least 
twenty  acres  of  land,  located  within  one  and  one-half  miles  of 
the  present  location  of  the  postoffice  in  said  city  of  Marquette. 
Said  State  Board  of  Education  shall  pay  for  such  site  a  sum 
not  exceeding  one  dollar,  which  sum  is  hereby  appropriated 
for  the  use  of  said  State  Board  of  Education  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated,  to  be  drawn  on 
the  requisition  of  said  State  Board  of  Education  and  the  war- 
rent  of  the  Auditor  General,  as  the  moneys  and  appropriations 
are  drawn.  Said  State  Board  of  Education  shall  procure  good 
and  sufficient  deed  or  conveyance  of  such  site  and  grounds, 
and  have  the  title  for  the  same  duly  recorded.  When  so  recorded, 


GENERAL  SCHOOL  LAWS.  105 

the  said  deed  of  conveyance,  with  an  abstract  of  title  showing 
a  clear  and  unincumbered  title,  and  all  papers  relating  thereto 
shall  be  deposited  in  the  office  of  the  Auditor  General. 

(268.)     SEC.  3.     The  sum  of  twenty-five  thousand  dollars  is  Appropriation 
hereby  appropriated  for  the  erection  of  a  suitable  building  for  for  bl 
the  use  of  said  State  Board  of  Education  in  the  establishment 
of  a  normal  school  under  the  provisions  of  this  act,  which 
building  shall  be  erected  in  accordance  with  the  suggestions 
and  requirements  of  the  State  Board  of  Corrections  and  Chari- 
ties, and  shall  be  ready  for  occupancy  October  one,  eighteen 
hundred  ninety-nine. 

(269.)     SEC.  4.     The  sum  of  ten  thousand  dollars  is  hereby  Appropriation 
appropriated  for  the  payment  of  the  salaries  and  conduct  of  Sj  ISQQ-IQOO. 
said  normal  school  for  the  year  eighteen  hundred  ninety-nine 
and  nineteen  hundred,  namely:     Two  thousand  five  hundred 
dollars  for  the  year  eighteen  hundred  and  ninety-nine,  and 
seven  thousand  five  hundred  dollars  for  the  year  nineteen  hun- 
dred, which  amounts,  together  with  amount  specified  in  sec- 
tion three  of  this  act,  shall  be  expended  under  the  direction  of 
the  State  Board  of  Education  and  be  drawn  on  their  order 
from  the  general  fund :    Provided,    That  this  appropriation  Proviso, 
shall   not   be  available   unless  five  thousand   dollars   of  the 
amount  volunteered  as  a  gift  from  the  citizens  of  Marquette 
toward  the  site  and  beautifying  the  grounds  be  donated  for  the 
equipment  of  the  school. 

(270.)  SEC.  5.  The  Auditor  General  shall  add  to  and  in- 
corporate  with  the  State  tax  for  the  year  eighteen  hundred  and 
ninety-nine  the  sum  of  twenty-seven  thousand  five  hundred 
dollars,  and  for  the  .year  nineteen  hundred  the  sum  of  seven 
thousand  five  hundred  dollars,  to  be  assessed,  levied  and  col- 
lected as  other  State  taxes  are  assessed,  levied  and  collected, 
which  sum,  when  collected,  shall  be  placed  to  the  credit  of  the 
general  fund  to  reimburse  it  for  the  sum  appropriated  by  sec- 
tions three  and  four  of  this  act. 

(271.)  SEC.  6.  The  said  Northern  State  Normal  School  control  of 
shall  be  under  and  subject  to  the  control  of  the  State  Board  of 
Education,  according  to  the  provisions  of  act  number  one 
hundred  ninety-four  of  the  public  acts  of  eighteen  hundred  and 
eighty-nine,  entitled  "An  act  to  revise  and  consolidate  the  laws 
relative  to  the  State  Board  of  Education,  and  amendments 
thereto,  also  according  to  the  provisions  of  act  number  one 
hundred  and  seventy-five  of  the  public  acts  of  eighteen  hundred 
and  ninety-seven,  entitled,  "An  act  to  fix  the  relation  of  the 
existing  normal  schools  of  the  State,"  which  laws  are  made 
applicable  to  the  school,  except  as  herein  otherwise  provided. 
14 


106 


GENERAL  SCHOOL  LAWS. 


Name,  etc 


Site,  how  and 
by  whom 
secured. 


Appropria- 
tion. 


How  used. 


Proviso  as  to 
transfer  of 
funds. 


Proviso  as  to 

when  may 
Obtain. 


An  Act  to  provide  for  the  locating,  establishing  and  maintaining  of  a 
State  normal  school  in  the  western  part  of  the  State,  to  make  ap- 
propriations therefor  and  to  provide  a  tax  to  meet  the  same. 

[Act  156,  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(272.)  SECTION  1.  A  State  normal  school  shall  be  located, 
established  and  maintained  in  the  western  part  of  the  State,  at 
such  place  as  the  State  Board  of  Education  shall  designate,  to 
be  known  as  the  "Western  State  Normal  School,"  for  the  prep- 
aration and  training  of  persons  for  teaching  in  the  rural  dis- 
trict schools,  and  the  primary  departments  of  the  graded 
schools  of  the  State. 

(273.)  SEC.  2.  The  State  Board  of  Education  is  hereby 
authorized  and  directed  to  procure  a  suitable  site  of  not  less 
than  twenty  acres  for  the  building  and  grounds  for  said  normal 
school.  Said  State  Board  of  Education  shall  pay  for  such  site 
a  sum  not  exceeding  one  dollar,  to  be  drawn  on  the  requisition 
of  said  State  Board  of  Education,  and  the  warrant  of  the  Au- 
ditor General,  as  other  moneys  and  appropriations  are  drawn. 
Said  State  Board  of  Education  shall  procure  good  and  suffi- 
cient deed  of  conveyance,  with  an  abstract  of  the  title  thereto, 
showing  a  clear  and  unencumbered  title,  and  all  papers  relat- 
ing thereto  shall  be  deposited  in  the  office  of  the  Auditor  Gen- 
eral. The  sum  of  one  dollar  is  hereby  appropriated  for  the 
fiscal  year  ending  June  thirtieth,  nineteen  hundred  four,  for 
the  purpose  of  carrying  out  the  provisions  of  this  section. 

(274.)  SEC.  3.  The  sum  of  thirty  thousand  dollars  is  here- 
by appropriated  for  the  fiscal  year  ending  June  thirty,  nine- 
teen hundred  four,  by  purposes  and  amounts  as  follows:  For 
the  erection  and  completion  of  a  suitable  building,  the  sum  of 
twenty-five  thousand  dollars ;  for  a  complete  equipment  of  the 
same,  the  sum  of  five  thousand  dollars,  which  building  shall 
be  ready  for  occupancy  September  first,  nineteen  hundred 
four :  Provided,  That  if  the  amount  designated  in  this  section 
for  either  of  the  purposes  stated  be  insufficient  to  complete  the 
work  or  purchase,  any  surplus  remaining  after  the  completion 
of  the  other  work  or  purchase  specified  may,  by  obtaining  the 
consent  erf  the  State  Board  of  Corrections  and  Charities  and 
Auditor  General,  in  writing,  before  any  expense  in  excess  of 
the  specific  appropriation  is  incurred,  be  used  in  the  account 
or  accounts  where  such  deficiency  seems  unavoidable,  the  in- 
tent of  this  proviso  being  to  make  the  entire  thirty  thousand 
dollars  available  for  the  purposes  stated  therein,  if  in  the 
judgment  of  the  State  Board  of  Corrections  and  Charities  and 
Auditor  General  it  is  deemed  advisable  to  make  the  transfers 
for  which  provision  is  hereby  made:  Provided  further.  That 
the  State  Board  of  Education  may  obtain  money  under  sec- 


GENERAL  SCHOOL  LAWS.  107 

tions  two  and  three  of  this  act,  before  July  first,  nineteen  hun- 
dred three,  in  such  amounts  as  they  may  by  requisition  certify 
to  the  Auditor  General  are  necessary  for  immediate  use-,  which 
amounts  thus  advanced,  shall  be  deducted  from  the  total 
amount  appropriated  when  the  appropriation  becomes  avail- 
able. 

(275.)     SEC.  4.     The  sum  of  seven  thousand  dollars  is  here-  Further  ap- 
by  appropriated  for  the  payment  of  the  salaries  and  conduct  Pr°Prlatlon- 
of  said  school  for  the  fiscal  year  ending  June  thirtieth,  nine- 
teen hundred  five. 

(276.)  SEC.  5.  The  said  Western  State  Normal  School  School,  jiow 
shall  be  under  and  subject  to  the  control  of  the  State  Board  et£tr°  ed' 
of  Education,  according  to  provisions  of  act  number  one  hun- 
dred ninety-four  of  the  public  acts  of  eighteen  hundred  eighty- 
nine,  entitled  "An  act  to  revise  and  consolidate  the  laws  rela- 
tive to  the  State  Board  of  Education,"  and  amendments  there- 
to ;  also  according  to  the  provisions  of  act  number  one  hundred 
seventy-five  of  the  public  acts  of  eighteen  hundred  ninety- 
seven,  entitled  "An  act  to  fix  the  relations  of  the  existing  nor- 
mal schools  of  the  State,"  which  laws  are  made  applicable  to 
the  school  hereby  established  except  as  herein  otherwise  pro- 
vided. 

(277.)     SEC.  6.     The  several  sums  appropriated  by  the  pro-  Appropria- 
visions  of  this  act  shall  be  paid  out  of  the  State  treasury  to  the  pSd.how 
treasurer  of  the  State  Board  of  Education,  in  such  amounts 
and  at  such  times  as  the  general  accounting  laws  of  the  State 
prescribe  and  the  disbursing  officer  shall  render  his  accounts 
to  the  Auditor  General  thereunder. 

(278.)     SEC.  7.     The  Auditor  General  shall  add  to  and  in-  TO  be  incor- 
corporate  in  the  State  tax  for  the  year  nineteen  hundred  three  stateetaxn 
the  sum  of  thirty  thousand  and  one  dollars  and  for  the  year 
nineteen   hundred   four  the  sum   of  seven   thousand   dollars 
which,  when  collected,  shall  be  credited  to  the  general  fund 
to  reimburse  the  same  for  the  money  hereby  appropriated. 


An  Act  to  authorize  and  require  the  State  Board  of  Education  to  pre- 
scribe courses  of  study,  issue  licenses  and  certificates  and  grant 
diplomas  and  degrees  in  connection  with  the  several  State  normal 
schools  of  the  State,  and  to  repeal  all  acts  and  parts  of  acts  in  any 
way  contravening  the  provisions  of  this  act. 

[Act  202,  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(279.)    SECTION  1.    The  State  Board  of  Education  is  hereby  Powers  of 
authorized  and  required  to  prescribe  the  courses  of  study  for  board- 
students,  to  grant  such  diplomas  and  degrees  and  issue  such  li- 
censes  and   certificates  to   graduates  of  the  several  normal 


108 


GENERAL  SCHOOL  LAWS. 


schools  of  the  State  as  said  State  Board  of  Education  shall  de- 
Proviso,  termine.  Provided,  That  there  shall  always  be  maintained  in 
the  Central  Michigan  and  Western  Normal  Schools  a  depart- 
ment especially  for  the  education  and  training  of  teachers  for 
the  rural  schools  of  the  State. 

NOTE  :  The  foregoing  act  in  effect  repeals  Act  175  of  1897,  which  was  an 
act  authorizing  the  State  Board  of  Education  to  grant  certificates  and  main- 
tain uniformity  in  courses  of  study  in  the  normal  schools. 


An  Act  to  provide  for  the  incorporation  of  associations  for  the  purpose 
of  establishing  loan-funds  for  the  benefit  of  school  scholars  and 
students  of  this  State,  to  assist  them  to  attend  the  University  of 
Michigan,  the  State  Normal  College  at  Ypsilanti,  the  Central  Michi- 
gan Normal  School  at  Mt  Pleasant,  the  Michigan  State  Agricultural 
College  at  Lansing,  the  College  of  Mines  at  Houghton,  or  the  manual 
training  schools  of  this  State. 

[Act  250,  1899.] 

The  People  of  the  State  of  Michigan  enact: 


Manner  9!  in 
corporation. 


Number  that  (280.)  SECTION  1.  Any  five  or  more  persons  of  full  age  resid- 
rate.  mcorpo"  ing  in  the  State  of  Michigan  may  associate  and  incorporate 
themselves  together  for  the  purpose  of  establishing  loan-funds 
for  the  benefit  of  school  scholars  and  students  of  this  State,  to 
assist  them  to  attend  the  University  of  Michigan,  the  State 
Normal  College  at  Ypsilanti,  the  Central  Michigan  Normal 
School  at  Mt.  Pleasant,  the  Michigan  State  Agricultural  Col- 
lege at  Lansing,  the  Michigan  College  of  Mines,  or  the  manual 
training  schools  of  this  State. 

(281.)  SEC.  2.  Articles  of  association  shall  be  executed 
in  duplicate,  by  the  persons  so  associating  themselves  to- 
gether in  the  first  instance,  and  shall  be  acknowledged  by  them 
before  some  person  authorized  by  the  Taws  of  this  State  to  take 
acknowledgments  of  deeds,  one  of  which  duplicates  shall  be 
filed  and  recorded  in  the  office  of  the  secretary  of  state,  and  a 
record  shall  be  made  of  such  articles,  and  a  certified  copy 
thereof  filed  in  the  clerk's  office  in  the  county  where  such 
society  is  formed.  Thereupon  the  persons  so  executing  said 
articles;  and  such  other  persons  as' may  thereafter,  according 
to  the  provisions  of  such  articles,  become  associated  with 
them  shall  become  and  be  a  body  politic  and  corporate,  capable 
of  being  sued,  for  the  purpose  set  forth  in  such  articles. 

(282.)     SEC.  3.     The  articles  of  association  shall  contain: 

First,  The  names  and  places  of  residence  of  the  persons 
associated  in  the  first  instance; 

Second,  The  name  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
not  exceeding  thirty  years ; 

Third,  The  objects  for  which  it  was  organized; 


Articles  of 
association. 


GENERAL  SCHOOL  LAWS.  109 

Fourth,  The  number  of  its  trustees  or  managers  to  manage 
'the  same,  and  the  names  of  such  trustees  or  managers  for  the 
first  year  of  its  existence. 

(283.)     SEC.  4.     The  affairs  of  such  corporation   shall  be  General 
under  the  general  management  of  not  less  than  five  nor  more  m 
than  fifteen  trustees,  to  be  chosen  by  the  members  thereof,  and 
to  hold  office  for  such  time,  not  exceeding  five  years,  as  shall 
be  provided  by  the  articles  of  association ;  and  the  articles  of  classification 
association  may  provide  for  a  classification  of  the  trustees  so  of 
that  the  terms  of  office  of  the  several  classes  shall  expire  at 
different  times,   and  for  a  classification  of  the  members  in 
accordance  with  their  subscriptions  to  the  objects  for  which 
the  corporation  was  organized.  "The  regular  officers  of  such 
corporation  shall  form  a  part  of  such  trustees.     The  officers 
may  be  chosen  by  the  trustees  or  the  members  of  the  corpora- 
tion,  as  the  articles  shall  prescribe.     The  by-laws  shall  be  By-laws. 
adopted  by  the  trustees,  who  may  change  them  at  pleasure. 
The  majority  of  the  trustees  shall  be  a  quorum  to  transact 
business.    The  articles  of  association  of  any  such  corporation  Amendments. 
may  be  amended  at  any  time  by  a  two-thirds  vote  of  the 
trustees.    Before  any  such  amendment  shall  take  effect,  a  copy 
of  the   resolution,   certified   by  the   secretary,   shall   be  filed 
in  the  office  of  the  secretary  of  state,  and  in  the  clerk's  office 
of  the  county  in  which  the  original  articles  are  filed. 

(284.)     SEC.  5.     All  the  funds  received  by  any  corporation  Funds  of 
organized  under  this  act  shall  be  used,  after  paying  necessary  corP°ratlon- 
expenses,  for  the  exclusive  purpose  or  purposes  set  forth  in 
the  articles  of  association.     And  no  portion  of  the  funds  of 
such  corporation  shall  be  used  or  contributed  toward  the  erec- 
tion, completion  or  furnishing  of  any  building  not  owned  or 
used  by  such  corporation  for  the  purpose  or  purposes  set  forth 
in  its  articles  of  association.    Such  corporation  shall  in  equity  May  receive 
and  law  be  capable  of  taking  and  receiving  real  and  personal  phonal 
estate,  either  by  purchase,  gift,  grant,  lease,  or  bargain  and  estate. 
sale,  devise  and  bequest,  not  exceeding  twenty-five  thousand 
dollars,  in  the  aggregate,  for  the  purpose  of  its  incorporation, 
but  for  no  other  purpose,  and  it  shall  have  power  to  invest  the 
same  at  pleasure,  and  to  grant,  bargain,  mortgage,  sell  or  lease 
the  same  for  the  use  of  said  association;  and  it  shall  be  law- 
ful to  invest  the  same  upon  mortgage,  or  in  or  by  loans  on 
notes  or  bonds,  or  municipal,  county,  State  or  United  States 
securities;  or  deposit  the  same  in  any  reliable  bank  on  in- 
terest; but  no  loans  shall  be  made  to  any  trustee  or  officer 
of  such  corporation :     Provided,  That  any  such  corporation  May  specify 
may,  in  its  articles  of  association,  specify  the  kinds  of  securi- 
ties  in  which  its  funds  shall  be  invested,  and  that  no  part  of 
its  funds  shall  be  invested  in  any  securities  other  than  those 
named  in  its  articles,  or  when  the  securities  shall  not  be  speci- 
fied in  the  articles  of  association,  then  such  funds  shall  only 
be  invested  in  such  securities  as  are  specified  in  this  act.  Such 
corporation  shall  have  the  power  to  make  all  needful  rules 


110 


GENERAL  SCHOOL  LAWS. 


Election  of 
officers. 


and  regulations  and  by-laws  for  the  management  of  its  affairs, 
not  inconsistent  with  the  constitution  and  laws  of  this  State 
or  of  the  United  States. 

(285.)  SEC.  6.  In  case  it  shall  at  any  time  happen  that 
an  election  of  officers,  directors  or  trustees  shall  not  be  made 
on  the  day  designated  by  the  articles  of  association  and  by- 
laws, said  corporation  for  that  cause  shall  not  be  dissolved, 
but  it  shall  and  may  be  lawful  on  any  other  day  to  hold  an 
election  of  officers,  directors  or  trustees,  in  such  manner  as 
may  be  directed  by  the  articles  of  association  and  by-laws  of 
said  corporation. 

(286.)  SEC.  7.  The  articles  of  association  filed  as  required 
by  this  act,  or  a  copy  thereof  certified  by  the  officer  with 
whom  they  are  so  filed,  may  be  given  in  evidence  in  any  court 
of  this  State  for  or  against  said  corporation.  Said  corporation 
shall  possess  the  general  power  conferred  by  and  subject  to 
the  provisions  and  restrictions  of  chapter  two  hundred  thirty 
of  the  compiled  laws  of  the  State  of  Michigan  of  eighteen  hun- 
dred ninety-seven,  so  far  as  the  same  may  be  applicable  to 
corporations  formed  under  this  act. 


Articles  may 
be  used  in 
court. 


General 
power  of 
corporation. 


Personnel  of 
commission. 


Filling  of 
vacancies. 


Duties  of 
commission. 


An  Act  to  create  a  State  board  of  library  commissioners,  to  promote 
the  establishment  and  efficiency  of  free  public  libraries,  and  to 
provide  an  appropriation  therefor. 

[Act  115,  1899.] 

The  People  of  the  State  of  Michigan  enact: 

(287.)  SECTION  1.  The  governor,  with  the  advice  and  consent 
of  the  senate,  shall  appoint  four  persons,  residents  of  this 
State,  who,  together  with  the  State  librarian,  who  shall  be  a 
member  ex  officio,  shall  constitute  a  board  of  library  commis- 
sioners. Two  members  of  said  board  shall  be  appointed  for  a 
term  of  four  years  and  two  for  a  term  of  two  years,  and  there- 
after the  term  of  office  shall  be  four  years.  All  vacancies  oc- 
curring in  the  appointive  membership  of  said  board,  whether 
by  expiration  of  term  of  office  or  otherwise,  shall  be  filled 
by  the  governor,  with  the  advice  and  consent  of  the  senate. 

(288.)  SEC.  2.  It  shall  be  the  duty  of  the  library  commis- 
sion to  give  advice  and  counsel  to  all  free  libraries  in  the  State, 
and  to  all  communities  which  may  propose  to  establish  them, 
as  to  the  best  means  of  establishing  and  administering  such  li- 
braries, the  selection  of  books,  cataloguing,  and  all  other  de- 
tails of  library  management.  In  January  of  each  year  the 
board  shall  make  a  report  to  the  governor  of  its  doings,  of 
which  report  one  thousand  copies  shall  be  printed  by  the  State 
printer  for  the  use  of  the  board. 


GENERAL  SCHOOL  LAWS.  Ill 

(289.)     SEC.  3.     It  shall  be  the  duty  of  all  free  libraries  or-  Reports  to 
ganized  under  the    laws    of    the    State,  whether   general    or cc 
special,  to  make  an  annual  report  to  the  board  of  library  com- 
missioners, which  report  shall  conform  as  near  as  may  be 
reasonable  and  convenient,  as  to  time  and  form  such  rules 
as  the  board  may  prescribe. 

(290.)     SEC.  4.     No  member  of  the  board  of  library  com- salary  of 
missioners  shall  receive  any  compensation  for  his  services,  ex-  secretary- 
cept  that  the  board  may  appoint  one  of  their  number  to  act 
as  secretary,   and  such  secretary  may  receive  such  sum  as 
shall  be  agreed  upon  by  the  board,  not  exceeding  three  hun- 
dred dollars  annually,  for  clerical  services.     The  board  shall  Expenses  of 
be  entitled  to  expend  a  sum  not  to  exceed  five  hundred  dol-  ° 
lars  in  any  one  year  for  supplies  and  incidentals  and   for 
the  actual  and  necessary  expenses*  of  its  members  in  the  dis- 
charge of  their  duties.     The  accounts  of  the  board  shall  be 
audited  by  the  Stajte  Board  of  Auditors,  and  paid  out  of  the 
general  fund. 

(291.)     SEC.  5.     The  auditor  general  shall  add  to  and  in- Provision  for 
corporate  with  the  State  tax  for  the  year  eighteen  hundred fu 
and  ninety-nine,  and  every  year  thereafter,  the  sum  of  eight 
hundred  dollars,  to  be  assessed,  levied  and  collected  as  other 
State  taxes   are   assessed,   levied   and   collected,   which   sum 
when  collected  shall  be  placed  to  the  credit  of  the  general 
fund  to  reimburse  it  for  the  sums  authorized  to  be  expended 
under  this  act. 


An  Act  to  provide  for  the  publication  and  distribution  of  laws  and 
documents,  reports  of  the  several  officers,  boards  of  officers  and 
public  institutions  of  this  State  now  or  hereafter  to  be  published, 
and  to  provide  for  the  replacing  of  books  lost  by  fire  or  otherwise, 
and  to  provide  for  the  publication  and  distribution  of  the  official 
directory  and  legislative  manual  of  the  State  of  Michigan,  etc.  (a) 

(From  this  act  only  such  portions  are  quoted  as  relate  directly  to  the  pub- 
lic school  system.) 

[Act  44,   1899.] 

(292.)     SEC.  11.     There  shall  be  printed  of  the  annual  re- 
port of  the  superintendent  of  public  instruction  a  sufficient  Annuai  report 
number  to  supply  all  school  libraries  in  the  State  with  one  JJ^PJfJf 
copy  each,  which  copy  shall  be  bound  in  the  same  style  as  pro-  pu^ifcV- 
vided  by  this  act  for  binding  State  publications  for  library  structlon- 
distribution ;  also  one  copy  each  to  the  following  persons  or 
institutions:     To  each  superintendent  of  public  instruction, 
State  University,  College  of  Mines  and  State  Normal  School  T  whom  dis- 
in  the  United  States,  each  living  ex-superintendent  and  dep- 
uty  superintendent  of  public  instruction  in  this  State,  each 
member  of  county  boards  of  examiners,  each  city  superinten- 

(a)    Remainder  of  title,  repealing  clause. 


112 


GENERAL  SCHOOL  LAWS. 


Number  of 
pages. 


dent  of  schools ;  two  hundred  copies  for  deposit  with  the  secre- 
tary of  state  for  future  distributions,  and  such  number  of  ad- 
ditional copies  as  the  superintendent  of  public  instruction 
may,  in  his  discretion,  deem  necessary,  not  exceeding  three 
hundred  copies.  Said  report  shall  not  exceed  three  hundred 
pages,  including  context  and  index,  such  pages  to  be  the  size 
of  the  pages  of  the  report  of  the  superintendent  of  public  in- 
struction for  the  year  eighteen  hundred  ninety-five,  and  such 
report  shall  be  distributed  by  the  superintendent  of  public 
instruction.  Not  to  exceed  the  sum  of  fifty  dollars  for  any 
one  report  shall  be  expended  for  cuts  or  illustrations  for 
said  report :  ,  Provided,  That  said  fifty  dollars  shall  cover  the 
cost  for  special  paper,  if  necessary  for  such  cuts,  and  also 
the  cost  of  making  such  cuts:  Provided  further,  That  the 
State  superintendent  of  public  instruction  may  prepare  and 
have  published  for  the  district  schools,  a  State  course  of 
study;  for  the  teachers'  institutes,  institute  outlines;  and, 
from  time  to  time,  such  educational  bulletins  as  he  may  deem 
necessary  for  the  advancement  of  the  cause  of  education  in 
Michigan. 


Slate  course 
of  study. 


Institute 
outlines. 


Duty  of 
county  com- 
missioners. 


Expense  of 
distribution. 


Receipt  to 
secretary  of 
State. 


Am.  1901,  Act  31. 

(293.)     SEC.  30. 

This  section  provides  for  the  distribution  of  the  legislative  manual  (red 
book),  and  the  list  includes  one  copy  for  each  of  the  following:  Each  district, 
graded,  and  city  public  school ;  each  public  library  other  than  school  library  ; 
each  township,  village,  and  city  clerk,  and  the  county  commissioner  of  schools. 

(294.)  SEC.  32.  It  shall  be  the  duty  of  the  county  com- 
missioners of  schools  to  distribute  all  copies  of  the  "official 
directory  and  legislative  manual"  to  the  schools  in  their  re- 
spective counties,  as  provided  in  section  thirty  of  this  act;  and 
also  to  see  that  the  same  are  kept  for  the  use  of  said  schools, 
and  it  shall  be  the  duty  of  the  secretary  of  state  to  direct 
and  oversee  the  prompt  distribution  of  the  laws,  journals, 
documents  and  reports  mentioned  in  this  act,  whose  distribu- 
tion is  not  otherwise  provided  for ;  and  said  laws,  journals, 
documents,  and  reports  shall  be  shipped  to  the  several  county 
clerks  and  county  commissioners  of  schools  in  the  State  and  be 
distributed  by  them  to  the  persons,  officers,  corporations  and  so- 
cieties within  their  respective  counties  entitled  to  the  same,  and 
that,  until  so  distributed,  they  shall  be  carefully  preserved  by 
said  county  clerks  and  county  commissioners  of  schools.  That 
the  accounts  for  boxes  furnished  to  the  secretary  of  state  for 
package  and  distribution  shall  be  audited  and  allowed  by  the 
board  of  State  auditors  and  paid  out  of  the  State  treasury, 
and  the  expense  of  transportation  from  the  office  of  the  secre- 
tary of  state  to  the  county  clerks  and  county  commissioners  of 
schools,  and  of  distribution  by  them  to  the  persons  entitled 
to  the  same,  shall  be  audited  and  allowed  by  the  boards  of 
supervisors  and  paid  out  of  the  county  treasuries. 

(295.)  SEC.  33.  It  shall  be  the  duty  of  the  several  county 
clerks  and  county  commissioners  of  schools,  upon  receiving 


GENERAL  SCHOOL  LAWS.  113 

any  of  the  books  mentioned  in  this  act,  to  receipt  to  the  secre- 
tary of  state  for  the  same,  which  receipt  shall  be  filed  and  pre- 
served in  the  office  of  the  secretary  of  state;  and  it  shall  also 
be  the  duty  of  the  said  county  clerks  and  county  commission- 
ers of  schools  to  distribute  said  books  as  provided  in  this  act, 
and  to  report  at  the  expiration  of  a  month  after  each  recep- 
tion of  books  to  the  secretary  of  state,  on  blanks  furnished 
by  him,  by  giving  a  full  statement  of  all  of  said  books  remain- 
ing in  his  office,  together  with  the  names  of  the  officers  ne- 
glecting to  call  for  the  books  to  which  they  are  entitled ;  and 
it  shall  be  the  duty  of  all  persons,  officers,  corporations  and 
societies,  upon  receiving  any  of  the  books  mentioned  in  this 
act,  to  receipt  respectively  to  the  county  clerk  and  county 
commissioner  of  schools  for  the  same,  which  receipt  shall  be 
filed  and  preserved  in  the  office  of  the  county  clerk  and  county 
commissioner  of  schools  respectively.  It  shall  also  be  the  Notification 
duly  of  the  secretary  of  state  to  notify  each  person  to  whom  S?sSte.tary 
any  books  are  sent,  except  township  officers,  either  directly  or 
in  care  of  the  county  clerk,  which  are  required  by  this  act  to 
be  kept  in  any  library  or  passed  over  to  any  successor  in 
office,  and  that  each  person  receiving  such  notice  shall,  within 
a  reasonable  time,  apply  to  the  county  clerk  for  the  books  men- 
tioned in  this  notice,  if  such  books  were  sent  to  the  county 
clerk,  and  obtain  the  same;  and  if  such  books  have  been  re- 
ceived by  the  county  clerk  and  are  not  called  for  as  afore- 
said, such  person  thus  notified  shall  be  held  responsible  in 
the  same  manner  and  to  the  like  extent  as  in  the  case  of  his 
neglect  or  refusal  to  deliver  over  to  his  successor  books  re- 
ceived by  him,  except  that  books  sent  for  the  use  of  town- 
ship officers  may  be  sent  to  either  the  township  clerk  or  county 
clerk,  when  the  secretary  of  state  shall  notify  the  township 
clerk,  who  shall  draw  all  of  the  books  for  the  officers  of  his 
township  and  distribute  the  same. 
(296.)  SEC.  34. 

This  section  provides  that  each  city,  village,  township  and  county  officer 
shall,  when  he  ceases  to  hold  such  office,  deliver  over  to  his  successor  in  office 
all  such  books  received  by  him  which  are  required  by  this  act  to  be  placed 
in  his  library. 


An  Act  to  provide  for  the  establishment  and  maintenance  of  rural 

high  schools. 

[Act  144,  1901.] 

The  People  of  the  State  of  Michigan  enact: 

(297.)     SECTION  1.     The  township  board  of  any  township,  Petition  of 
not  having  within  its  limits  an  incorporated  village  or  city,  taxPavers 
upon  the  petition  of  not  less  than  one-third  of  the  taxpayers  of 
such  township  for  the  establishment  of  a  rural  high  school,  submit  vote 
shall  submit  such  question  to  a  vote  of  the  qualified  electors  of  S 
15 


114 


GENERAL  SCHOOL  LAWS. 


Elections 
held  at 
usual  place. 
Notice  given. 

Election,  how 
conducted. 


Board  of 
trustees. 


said  township  at  a  special  election  called  for  that  purpose 
within  sixty  days  from  date  of  receipt  of  said  petition. 

(298.)  SEC.  2.  All  elections  ordered  by  any  township 
board  in  pursuance  of  section  one  of  this  act  shall  be  held  at 
the  usual  place  or  places  of  holding  township  elections,  and 
notice  shall  be  given  and  the  election  conducted  in  all  re- 
spects as  provided  by  law  for  the  election  of  township  officers 
and  the  ballots  shall  have  printed  thereon,  "For  rural  high 
school — yes."  "For  rural  high  school — no." 

(299.)  SEC.  3.  If  more  votes  are  cast  in  favor  of  such 
high  school  than  against  it  at  such  election,  the  qualified  elec- 
tors of  said  township  shall  elect  at  their  next  annual  election 
of  township  officers  a  board  of  trustees  of  three  members,  one 
for  one  year,  one  for  two  years  and  one  for  three  years,  and 
on  the  expiration  of  their  terms  of  office  and  regularly  there- 
after their  several  successors  shall  be  elected  in  like  manner 
for  a  term  of  three  years  each.  The  township  clerk  shall  be 
ex  officio  member  and  the  clerk  of  the  board,  and  the  town- 
ship treasurer  shall  be  ex  officio  member  and  treasurer  of  the 
board  with  the  same  power  as  other  members  of  the  board. 

(300.)  SEC.  4.  *Said  board  of  trustees  shall  meet  on  the 
third  Monday  in  April  of  each  year  and  organize  by  electing 
one  of  the  trustees  as  president.  Regular  meetings  of  the 
board  shall  be  held  on  the  second  Mondays  of  May,  August, 
November,  and  February,  in  each  year.  Special  meetings  may 
be  called  upon  five  days'  notice  by  the  president  or  secretary. 
The  board  shall  have  power : 

(a)  To  supervise  and  visit  the  school; 

(b)  To  admit  all  children  of  the  township  above  the  eighth 
grade  and  to  admit  and  provide  rates  of  tuition  for  non-resi- 
dent pupils  if  they  so  elect; 

(c)  To  select  and  adopt  text  books; 

(d)  To  appoint  legally  qualified  teachers; 

(e)  To  fix  wages,  make  general  rules  and  regulations  for 
the  control  of  the  school,  suspend  or  expel  pupils,  fix  the  time 
of  school  which  will  not  be  more  than  ten  months  nor  less  than 
seven  in  any  one  year; 

(f)  To  rent  or' to  purchase  and  hold  real  estate  for  such 
township  high  school,  build  and  furnish  schoolhouses,  deter- 
mine location,  of  grounds  and  building,  which  shall  be  as  near 
the  center  of  the  township  as  practicable,  according  to  sani- 
tary conditions,  and  to  receive  and  hold  bequests  and  gifts  for 
the  benefit  of  the  school,  and  to  dispose  of  property  belonging 
to  the  district  subject  to  the  provisions  hereinafter  named ; 

(g)  To  provide  a  course  of  study  which  shall  be  approved 
by  the  superintendent  of  public  instruction  and  the  president 
of  the  Michigan  Agricultural  College,  and  shall  not  consist 
of  more  than  four  years'  work.    Said  course  of  study  may  in- 
clude instruction  in  manual  training,  domestic  science,  nature 
study  and  the  elements  of  agriculture ; 

(h)   To  estimate  and  vote  the  amount  of  tax  necessary  to 


Ex  officio 
members. 


Regular 
meetings. 


Special 
meetings. 

Powers  of 
board. 


GENERAL  SCHOOL  LAWS.  115 


support  the  school  at  a  meeting  previous  to  October  first  in 
each  year  and  report  the  same  to  the  supervisor,  which  amount 
shall  be  spread  upon  the  tax  roll  the  same  as  other  district 
taxes,  and  in  their  discretion  borrow  money  for  current  ex- 
penses which  amount  shall  not  exceed  fifty  per  cent  of  the 
amount  of  tax  voted; 

(i)  To  publish  annually  in  one  newspaper  of  the  township 
or  county  a  statement  of  the  proceedings  of  the  board  meet- 
ings and  an  itemized  account  of  all  receipts  and  expenses,  and 
file  a  copy  of  the  same  in  the  office  of  the  county  school  com- 
missioner and  State  superintendent  of  public  instruction 
within  sixty  days  of  the  date  of  publication  of  the  same. 

(301.)     SEC.  5.     The  secretary  of  the  board  shall  receive  Salary  of 
not  to  exceed  fifty  dollars  per  annum  for  his  services.    It  shall  ^ut^of7 
be  his  duty  to  keep  the  records,  provide  supplies,  visit  the  secretary, 
school  and  make  annual  reports  to  the  school  board,  the  county 
school  commissioner  and  the  State  superintendent  of  public 
instruction,  in  such  form  as  the  superintendent  of  public  in- 
struction shall  direct. 

(302.)     SEC.  6.     All   orders  on   the  treasurer  for  moneys  Orders  for 
shall  be  ordered  by  the  board  and  signed  by  the  secretary  and  m 
president. 

(303.)  SEC.  7.  A  majority  of  the  taxpayers  of  the  town- Limit  of  bond, 
ship  shall  determine  the  amount  to  be  expended  in  the  grounds 
and  building  of  said  school  and  may  bond  the  township  for 
such  amount :  Provided,  That  the  amount  of  said  bonds  shall 
not  exceed  five  thousand  dollars,  and  that  the  period  of  such 
bonds  shall  not  continue  beyond  ten  years. 

(304.)     SEC.  8.     The  high  schools  established  under  the  pro-  Under  super- 
visions of  this  act  shall  be  under  the  supervision  of  the  county  SiJnefr?°n 
commissioner  of  schools,  and  all  questions  of  management, 
support  and  control  arising  under  the  provisions  of  this  act 
and  not  expressly  provided  for  therein  shall  be  subject  to  the 
provisions  of  the  general  school  laws  of  this  State. 

Sec.  9.       Repealing  clause'. 


An  Act  to  define  the  legal  qualifications  of  kindergarten,  music,  and 
drawing  teachers  in  the  State. 

[Act  166,  1901,  as  amended  by  Act  24,  1905.] 

The  People  of  the  State  of  Michigan  enact: 

Ml 

(305.)     SECTION  1.     Any  person  who  is  a  graduate  of  any  Kindergarten 
kindergarten  training  school,  whose  course  of  study  is  ap-  Shbe'  wh° 
proved  by  the  superintendent  of  public  instruction   of  this 
State,  and  who  holds  also  a  teacher's  certificate  or  a  diploma 
from  a  reputable  college  of  the  State,  or  from  a  high  school 


116  GENERAL-SCHOOL  LAWS. 


having  a  four  years'  high  school  course,  may  be  granted  a 
kindergarten  certificate  by  said  superintendent  of  public  in- 
struction, and  such  person  holding  such  certificate  shall  be 
HOW  paid.  considered  a  legally  qualified  kindergarten  teacher;  and  any 
district  board  shall  be  authorized  to  pay  such  teacher  for 
kindergarten  instruction  from  the  same  fund,  and  in  the  same 
manner,  as  other  teachers  are  now  paid. 

See  Comp.  sections  160-163. 

Music  teacher,       (306.)     SEC.  2.     Any  person  who  has  finished  a  course  of 
who  eligible.     a^.  jeas^  two  yearg  jn  miisic  jn  the  University  of  the  State  of 

Michigan,  or  in  any  of  the  State  Normal  Schools,  or  in  any 
Drawing          college  incorporated  under  the  general  laws  of  the  State;  and 
teacher.          any  person  who  has  finished  a  course  of  at  least  one  year  in 
drawing  in  any  of  the  aforesaid  institutions,  or  in  any  other 
institution  whose  course  of  study  is  acceptable  to  the  superin- 
tendent of  public  instruction  and  who  shall  present  to  said 
superintendent   of  public  instruction   a   statement   from   the 
proper  authorities  of  the  institution  certifying  to  the  fact  of 
the   completion    of   the   required   amount   of  work,   may   be 
granted  respectively  a  music  teacher's  certificate  or  a  drawing 
teacher's  certificate;  and  any  person  holding  such  certificate 
shall  be  considered  a  legally  qualified  teacher  in  the  subject 
HOW  paid.       named  in  the  certificate;  and  any  district  board,  or  board  of 
education,  shall  be  authorized  to  pay  such  teacher  for  instruc- 
tion in  music  or  in  drawing  from  the  same  fund  and  in  the 
proviso.          same  manner  as  other  teachers  are  now  paid :    Provided,  That 
cities  organized  under  special  law  or  charter  and  maintaining 
kindergarten  training  schools,  having  a  three  years'  course, 
shall  be  exempt  from  the  provisions  of  this  act. 

Music  teach-  (307.)  SEC.  3.  Any  person  who  has  finished  a  course  of 
er's  certificate.  ^  jeag^-  fwo  years  in  music  under  a  private  instructor,  and 
who  shall  pass  an  examination  satisfactory  to  the  musical 
director  of  any  State  Normal  School  in  Michigan,  may  be 
granted  a  music  teacher's  certificate  as  provided  in  section 
two  hereof. 

Sec.  4     Repealing  clause. 


An  Act  to  secure  information  regarding  all  public  or  school  libraries 

in  this  State. 

[Act  134,  1903.] 
*  The  People  of  the  State  of  Michigan  enact: 

Librarian  to          (308.)   SECTION  1.     Hereafter  it  shall  be  the  duty  of  the  li- 
reponanr         brarian  of  any  and  all  public  libraries,  including  township, 
school  district,  village  or  city  libraries,  to  make  an  annual  re- 
port regarding  the  location,  condition  and  support  of  said  li- 


GENERAL  SCHOOL  LAWS.  117 


brary  to  the  county  commissioner  of  schools  on  or  before  the 
thirtieth  day  of  June  in  each  year. 

(309.)     SEC.  2.     It  shall  be  the  duty  of  the  county  commis-  TO  whom 
sioner   of   schools   in   each   county,  immediately  after  receiv-  Sffime?m 
ing  the  reports  from  the  several  libraries  in  his  county  and  °*  transmit 
before  the  first  day  in  September  of  each  year,  to  transmit  list. 
to  the  secretary  of  the  State  board  of  library  commissioners 
at  Lansing  a  complete  list  of  all  the  libraries  other  than  per- 
sonal  libraries  within  his  county,  together  with  the  several 
reports  provided  for  in  section  one  of  this  act,  blanks  for 
reports  in  both  instances  to  be  furnished  by  the  board  of  li- 
brary commissioners. 

Sec.  3.     Repeals  act  199,  1901. 


An  Act  to  provide  for  the  payment  of  tuition  in  and  transportation  to 
another  district,  of  children  who  have  completed  the  eighth  grade  in 
any  school  district. 

[Act  190,  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(310.)     SECTION  1.     Any  school  district  which  maintains  a  May  vote  tax 
school  during  five  months  of  the  year,  having  children  residents  to  pay 
therein  who  have  completed  the  studies  of  the  eighth  grade  in 
said  school,  may  at  any  annual  meeting  vote  a  tax  sufficient  to 
pay  tjie  tuition  and  daily  transportation,  during  school  days, 
of  said  children  to  any  high  school  which  the  school  board 
of  said  district  may  select  and  designate. 

,   (311.)     SEC.  2.     The  tax  provided  for  in  section  one  of  this  TO  be  spread 
act  shall  be  reported  to  the  clerk  of  the  township,  in  which01 
such  district  is   located  and  shall  be  spread  upon  the  tax 
roll  of  such  township  in  the  same  manner  and  at  the  same 
time  as  other  school  taxes. 


An  Act  for  the  establishment  of  county  normal  training  classes  and  for 
the  maintenance  and  control  of  the  same. 

[Act  241,  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(312.)     SECTION  1.     Upon       the       notification       by       the 
board     of     education     of     a     district     in     a     county     not  lishe 
having     a      State     Normal     School     within     its     borders, 
that     the     district     and     the     board     of     supervisors     of 


118 


GENERAL  SCHOOL  LAWS. 


Proviso. 

Further 
proviso. 


the  county  have  voted  to  establish  a  county  normal  training 
class,  the  State  superintendent  of  public  instruction  may,  sub- 
ject to  the  provisions  herein  named,  grant  permission  to  estab- 
lish, maintain  and  control  a  county  normal  training  class  for 
the  purpose  of  giving  free  instruction  and  training  in  the 
principles  of  education  and  methods  of  teaching  to  residents 
of  the  county:  Provided,  That  but  one  such  training  class 
shall  be  established  in  any  county:  And,  provided  further, 
That  not  more  than  ten  such  classes  shall  be  established  in 
the  State  in  any  one  year. 

county  normal      (313.)     SEC.  .  2.     The  superintendent  of  public  instruction 

constituted,  together  with  the  county  commissioner  of  schools  of  the  coun- 
ty and  the  superintendent  of  the  schools  in  the  district  in 
which  a  normal  training  class  has  been  established  under  the 
provisions  of  this  act,  shall  constitute  the  county  normal 

Proviso.  board:  Provided,  That  in  case  the  superintendent  of  the 
schools  of  the  district  is  also  commissioner  of  schools  of  the 
county  the  board  of  education  of  the  district  shall  select  the 
third  member  of  the  county  normal  board. 

Normal  board,  (314.)  SBC.  3.  The  duties  of  the  county  normal  board 
shall  be  as  follows: 

First,  To  determine  the  qualifications  for  admission  to  the 
county  normal  training  class; 

Second,  To  establish  a  one  year  course  of  study  to  be  pur- 
sued, a  year  to  consist  of  not  less  than  thirty-two  weeks  of 
five  days  each; 

Third,  To  grant  certificates  of  graduation  to  such  persons 
as  finish  the  course  adopted  above,  in  such  form  as  the  super- 
intendent of  public  instruction  shall  prescribe. 

Am.  1905,  Act  20. 

(315.)  SEC.  4.  The  certificates  of  graduation  shall  qual- 
ify the  holder  to  teach  in  the  public  schools  as  follows : 

First,  The  certificate  of  graduation  shall  qualify  the  holder 
to  teach  for  three  years  from  date  of  issue  in  any  school  em- 
ploying not  more  than  two  teachers,  in  the  county  in  which 
the  county  normal  training  class  is  situated :  Provided,  That 
any  certificate  shall  become  valid  as  above  specified  in  any 
other  county  when  indorsed  by  the  authority  that  grants  cer- 
tificates in  such  county; 

Second,  A  certificate  of  graduation  may  be  renewed  or  re- 
voked by  a  majority  vote  of  the  county  normal  board. 

Am.     Id. 


Certificates  of 
graduation. 


Proviso. 


Maintenance         (316.)     SEC.  5.     For  the  purpose  of  maintaining  such  nor- 
ciassesning       mal  training  classes  as  are  herein  prescribed,  it  is  further 

provided : 

District  to  First,  That  the  district  receiving  permission  to  establish  a 

£r?7rooms,ach~  county  normal  training  class  shall  provide  teachers,  and  rooms 
with  heating  and  equipment  satisfactory  to  the  superinten- 
dent of  public  instruction,  and  said  board  shall  include  in  the 


GENERAL  SCHOOL  LAWS.  119 

expense  budget  of  the  district  such  sum  as  may  be  necessary 
for  these  purposes; 

Second,  That  the  auditor  general  annually,  on  or  before  the  when  state  to 
thirtieth  day  of  June,  upon  the  certificate  of  the  superinten- 
dent  of  public  instruction  that  the  equipment  and  instruction 
of  any  county  normal  training  class  has  been  satisfactory, 
shall  draw  his  warrant  on  the  State  treasurer  in  favor  of  the 
treasurer  of  the  district  board  or  the  board  of  education  of 
the  district  maintaining  such  normal  training  class  to  the 
amount  of  five  hundred  dollars  for  each  teacher  employed  in  Amount. 
the  training  school,  to  be  paid  out  of  the  general  fund :    Pro-  Proviso. 
vided,  That  in  no  case  shall  the  total  of  such  appropriation 
exceed  one  thousand  dollars  in  any  county  during  any  school 
year ; 

Third,  In  any  district  establishing  a  county  normal  training  Board  to 
class,  the  board  of  education  shall,  previous  to  the  first  day  of 
October  in  each  year,  estimate  the  cost  of  instruction  for  the 
current  year  in  the  county  normal  training  class,  and,  deduct- 
ing therefrom  the  amount  appropriated  by  the  foregoing  pro- 
visions of  this  act,  report  the  balance  to  the  county  clerk  on 
or  before  the  first  day  of  October; 

Fourth,  At  its  October  session,  the  board  of  supervisors  supervisors 
shall  appropriate  out  of  the  general  fund  of  the  county  one- 
half  of  the  balance  due  for  instruction,  as  shown  by  the 
'aforesaid  report  to  the  county  clerk,  which  amount  shall  be 
assessed  and  collected  at  the  same  time  and  in  the  same  man- 
ner as  the  other  county  taxes :  Provided,  That  in  no  case  Proviso, 
shall  such  appropriation  made  in  any  county  exceed  one-half 
the  amount  appropriated  by  the  State  according  to  the  pro- 
visions of  this  act.  The  money  so  raised  shall  constitute  the 
county  normal  fund. 

Am.     Id. 

(317.)     SEC.  6.     On   or  before  the  thirtieth  day  of  June  commissioner 
of  each  year,  it  shall  be  the  duty  of  the  county  commissioner  du 
of  schools  to  certify  to  the  county  clerk  the  balance  between 
the  total   cost  of  instruction  for  the  current  year  and  the 
amount  appropriated  by  the  auditor  general.    Upon  receipt  of  when  clerk  to 
such  certificate,  the  county  clerk  shall  draw  an  order  for  one-  draw  order- 
half  of  the  said  balance  upon  the  county  treasurer  in  favor 
of  the  treasurer  of  the  board  of  education  of  the  district  estab- 
lishing the  normal  training  class :    Provided,  That  such  order  Proviso. 
shall  not  exceed  the  amount  appropriated  by  the  board  of 
supervisors  according  to  the  provisions  of  this  act. 

Am.     Id. 

(318.)     SBC.  7.     All  moneys  remaining  in  the  county  nor- Disposal  of 
mal  fund  upon  the  first  of  September  of  each  year  shall  be  re-       aind 
turned  to  the  general  fund  of  the  county. 


120  GENERAL  SCHOOL  L\WS. 


DAY   SCHOOLS  FOR   THE   DEAF. 

An  Act  authorizing  school  district  boards,  boards  of  trustees  of  graded 
schools  and  boards  of  education  in  cities  to  establish  and  maintain 
day  schools  for  the  deaf,  and  authorizing  payment  therefor  from 
the  general  fund,  and  repealing  act  number  one  hundred  seventy- 
six  of  the  public  acts  of  eighteen  hundred  ninety-nine  and  all 
other  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this 
act. 

[Act  224,  1905.] 

The  People  of  the  State  of  Michigan  enact: 

Day  schools          (319.)     SECTION  1.     That  upon  application  by  a  school  dis- 

estabifihed,hen  trict  board,  board  of  trustees  of  a  .graded  school,  or  board 

etc-  of  education  of  any  city  of  this  State  to  the  superintendent 

of  public  instruction,  he  shall  grant  permission  to  such  board 

to  establish  and  maintain,  and  such  board  shall  thereupon  be 

empowered  to  maintain  within  the  limits  of  its  jurisdiction 

one  or  more  day  schools  having  an  average  attendance  of  not 

less  than  three  pupils,  for  the  instruction  of  deaf  persons 

over  the  age  of  three  years,  whose  parents  or  guardians  in  the 

case  of  orphans  are  residents  of  the  State  of  Michigan. 

Report  to  (320.)     SEC.  2.     Any  board  which  shall  maintain  one  or 

ncPins0triSb"  more  day  schools  for  the  instruction  of  the  deaf  shall  report 

tion.  to  the  superintendent  of  public  instruction  annually,  and  at 

such  other  times  as  he  may  direct,  such  facts  concerning  the 

school  or  schools  as  he  may  require. 

Annual  (321.)     SEC.  3.     The  board  of  education  of  the  city  or  dis- 

trict where  a  day  school  for  the  deaf  is  established  shall  in- 
clude in  its  annual  budget  a  sufficient  sum  to  maintain  said 
school  and  out  of  said  sum  shall  pay  said  teachers  monthly, 
state  Treas-  To  reimburse  said  city  or  district  for  such  expenditure  the 
burse*  diSt.  State  treasurer  is  hereby  authorized  to  pay  to  the  treasurer 
of  the  proper  school  district,  out  of  the  general  fund,  on  or 
before  July  twenty  in  each  year,  upon  the  warrant  of  the 
auditor  general,  the  actual  expense  incurred  for  teachers' 
salaries  and  purchase  of  necessary  school  appliances  by  any 
school  district  in  support  of  a  day  school  for  the  deaf,  which 
shall  have  been  conducted  in  accordance  with  this  act  dur- 
ing nine  months  of  the  school  year,  as  shown  by  vouchers  filed 
with  the  auditor  general  and  certified  to  be  correct  by  the 
Proviso,  as  to  superintendent  of  public  instruction :  Provided,  That  the  total 
amount  paid  on  account  of  any  one  school  district  or  city 
shall  not  exceed  one  hundred  fifty  dollars  for  each  deaf  pupil 
instructed  in  any  such  school  during  the  school  year,  and  a 
part  of  such  sum  proportionate  to  the  time  of  instruction  of 
any  such  pupil  so  instructed  less  than  nine  months  during  each 
Proviso,  as  to  year :  And  be  it  further  provided,  That  the  title  for  all  school 
appliances  purchased  shall  vest  in  the  State  and  inventory 


GENERAL  SCHOOL  LAWS.  121 

thereof  filed  with  the  superintendent  of  public  instruction  July 
first  of  each  year. 

(322.)     SEC.  4.     The  district  board  or  board  of  education  vouchers, 
shall   cause  to  be  executed   monthly,   vouchers  in  triplicate  ^K/etc. 
upon  forms  prepared  and  furnished  by  the  auditor  general  so 
as  to  show  the  rate  of  salary  paid  to  instructors  of  the  deaf 
and  the  time  covered  by  such  payment,  also  vouchers  in  tripli- 
cate upon  forms  prepared  and  furnished  by  the  auditor  gen- 
eral, showing  the  school  appliances  purchased  and  price  for 
each  article  or  series  of  articles.    The  treasurer  of  said  school  TO  be  forward- 
district  is  required  to  forward  two  copies  of  these  receipted  pubScSin-' c 
vouchers  to  the  superintendent  of  public  instruction  within  section. 
the  first  five  days  of  the  month  succeeding  the  month  covered 
by  the  payment.    On  or  before  the  fifteenth  of  each  month  the 
superintendent   of  public  instruction   shall   present  one   set 
thereof  to  the  auditor  general  authorizing  him  to  pay  to  the 
treasurer  of  the  proper  school  district  the  amount  covered 
by  the  certified  vouchers  presented. 

(323.)     SEC.  5.     All  teachers  in  such  schools  shall  be  ap-  Employment 
pointed  and  employed  as  other  public  school  teachers  are  ap-  ^teachers, 
pointed  and  employed.    All  persons  appointed  to  teach  in  any 
such  school  shall  have  had  special  training  for  teaching,  and 
shall  be  graduates  of  a  training  school  for  teachers  of  the  deaf 
by  the  "oral"  method,  and  shall  also  have  had  special  train- 
ing in  the  teaching  of  the  deaf,  including  at  least  one  year's 
experience  as  a  teacher  in  a  school  for  the  deaf.    The  so-called  "Orai"sys- 
"oral"  system  shall  be  taught  by  such  teachers,  and  if  after  a  g™gjj be 
fair  trial  of  nine  months,  any  of  such  children  shall  for  any 
reason  be  unable  to  learn  such  oral  method,  then  no  further 
expense  shall  be  incurred  in  the  effort  to  teach  such  child,  so 
unable  to  learn  such  oral  method,  in  such  primary  schools. 

(324.)     SEC.  6.     For  the  purpose  of  this  act,  any  person  Deaf,  who 
of  sound  mind  who,  by  reason  of  defective  hearing,  cannot  considered. 
profitably  be  educated  in  the  public  schools  as  other  children 
are,  shall  be  considered  deaf. 

Sec.  7.     Repeals  Act  176,  1899. 


An  Act  to  insure  the  payment  of  subcontractors  and  wages  earned 
and  material  used  in  constructing,  repairing  or  ornamenting  public  build- 
ings and  public  works. 

[Act  187,  1905.] 

The  People  of  the  State  of  Michigan  enact: 

(326.)     SECTION  1.     When  public  buildings  or  other  pub-  Bond  required 
lie  works  are  about  to  be  built,  repaired  or  ornamented  under  o?subcoi£nt 
contract  at  the  expense  of  the  State,  or  of  any  county,  city,  tractors. 
Ullage,  township  or  school  district  thereof,  it  shall  be  the 
16 


122 


GENERAL  SCHOOL  LAWS. 


Subcontract- 
writtennlotice. 


when  en- 

benefit^ 
security,  etc. 


duty  of  the  board  of  officers  or  agents,  contracting  on  behalf  of 
the  State,  county,  city,  village,  township  or  school  district,  to  re- 
quire sufficient  security  by  bond  for  the  payment  by  the  con- 
tractor of  all  subcontractors  and  for  the  payment  for  all 
labor  performed  and  materials  furnished  in  the  erection,  re- 
pairing or  ornamenting  of  such  building  or  works. 

(326.)  SEC.  2.  In  the  case  of  a  subcontractor,  he  shall 
give  notice  in  writing  before  payment  is  made  for  the  work 
or  materials  furnished  by  him  to  the  said  board  of  officers 
or  agents,  that  he  is  a  subcontractor  for  the  doing  of  some 
part  of  such  work  which  he  shall  specify  in  his  notice  and 
that  he  relies  upon  the  security  of  the  bond  by  this  act  re- 
quired to  be  given  by  the  principal  contractor,  and  that  in 
the  case  of  the  giving  of  such  notice  to  the  said  board  of 
officers  or  agents  said  subcontractor  shall  also  notify  the 
principal  contractor  that  he  has  done  so,  and  whenever  this 
shall  have  been  done,  the  said  subcontractor  shall  be  entitled, 
subject  to  the  rights  of  the  persons  with  whom  he  has  con- 
tracted  for  labor  and  materials,  to  the  benefit  of  the  security 
given  by  the  principal  contractor,  and  to  be  subrogated  to 
the  liens  of  the  persons  who  have  performed  labor  or  fur- 
nished materials  for  such  building,  repairs  or  ornamentation, 
whom  he  shall  have  actually  paid,  but  the  subcontractor  and 
the  persons  who  shall  have  performed  labor  or  furnished 
materials  to  him  shall  not  in  the  aggregate  be  entitled  to  re- 
ceive larger  sums  than  may  be  required  from  the  principal 
contractor  under  his  contract  with  the  subcontractor,  nor  shall 
this  act  be  construed  to  change  in  any  way  the  contract  which 
may  have  been  made  between  the  principal  contractor  and  the 
subcontractor,  except  when  such  contract  shall  attempt  to  re- 
lieve the  principal  contractor  as  against  the  demands  of  those 
performing  labor  or  furnishing  materials  to  the  subcontractor. 

(327.)  SEC.  3.  Such  bond  shall  be  executed  by  such  con- 
tractor  to  the  people  of  the  State  of  Michigan  in  such  amount 
an(j  wjth  sucn  sureties  as  shall  be  approved  by  the  board  of 
officers  or  agents  acting  on  behalf  of  the  State,  county,  city, 
village,  township,  or  school  district  as  aforesaid,  and  shall  be 
conditioned  for  the  payment  by  such  contractor  to  any  sub- 
contractor, or  by  any  such  contractor  or  subcontractor 
as  the  same  may  become  due  and  payable  of  all  in- 
debtedness which  may  arise  from  said  contractor  to  a  subcon- 
tractor or  party  performing  labor  or  furnishing  materials,  or 
any  subcontractor  to  any  person,  firm  or  corporation  on  ac- 
count of  any  labor  performed  or  materials  furnished  in  the 
erection,  repairing  or  ornamentation  of  such  building,  im- 
provement  or  works:  Provided,  however,  That  the  principal 
contractor  shall  not  be  required  to  make  any  payment  to  a  sub- 
contractor of  sums  due  from  the  subcontractor  to  parties  per- 
forming labor  or  furnishing  materials,  except  upon  the  receipt 
or  the  written  orders  of  such  parties  to  pay  the  sums  due 
to  them  to  subcontractors.  Such  bond  shall  be  deposited  with 


Bond,  to 


Proviso. 


GENERAL  SCHOOL  LAWS.  123 

and  %held  by  such  board  of  officers  or  agents  for  the  use  of 
any  party  interested  therein. 

(328.)     SEC.  4.     Such  bond  may  be  prosecuted  and  a  re-  Recovery  to 
covery  had  by  any  person,  firm  or  corporation  to  whom  any  bondad  °n 
money  shall  be  due  and  payable  on  account  of  having  per- 
formed any  labor  or  furnished  any  materials  in  the  erection, 
repairing  or  ornamentation  of  any  such  building  or  works,  in 
the  name  of  the  people  of  this  State  for  the  use  and  benefit  of 
such  person,  firm  or  corporation :     Provided,  however,  That  proviso, 
in  the  case  of  a  suit  for  the  benefit  of  a  subcontractor,  he  shall 
be  required  to  allege  and  prove  that  he  has  paid  to  all  parties 
entitled  thereto  the  full  sums  due  to  them  for  labor  or  ma- 
terials contracted  for  by  him :    And  provided  further,  That  in  Further 
no  case  brought  under  the  provisions  of  this  act  shall  the  Proviso- 
people  of  this  State  be  liable  for  costs. 


An  Act  to  provide  for  the  incorporation  of  cities  of  the  fourth  class. 
[Extract  from  Act  215,  1895,  Chap.  XXXII.] 

The  People  of  the  State  of  Michigan  enact: 

(329.)     §  3338.     SECTION  1.     Each  city  incorporated  under  city  to  con- 
this  act  shall  constitute  a  single  school  district.    Such  school 
district  shall  be  a  body  corporate,  by  the  name  and  style  of 

the  "public  schools  of  the  city  of   "    (naming  the 

city)    and    shall    possess   the   usual   powers    of   corporations 
for  public  purposes;  and  in  that  name  may  sue  and  be  sued, 
and  purchase,  acquire,  hold  and  dispose  of  such  real  and  per- 
sonal property  as  is  authorized  to  be  purchased,  acquired  or 
disposed  of  by  this  chapter :    Provided,  That  if  in  any  village  proviso,  as  to 
re-incorporated  as  a  city  or  any  city  re-incorporated  under  ^iinecs°^rate 
and  made  subject  to  the  provisions  of  this  act,  there  shall  be  a  villages. 
school  district  extending  beyond  the  city  limits,  or  having  a 
special  charter,  then  such  school  district  shall  not  be  governed 
by  the  provisions  of  this  chapter,  but  all  the  laws  and  regula- 
tions now  governing  such  district  shall  remain  in  full  force 
and  effect  the  same  as  if  such  city  or  village  had  not  been 
re-incorporated. 

Am.   1905,   Act   106. 

(330.)     §  3339.     SEC.  2.     The  board  of  education  of  such  Board  of 
public  schools  shall  consist  of  six  trustees,  who  shall  be  quali-  of  wChomnt'o 
fied  electors  of  the  school  district,  and  the  regular  annual consist- 
election  of  school  trustees  shall  be  held  on  the  second  Monday 
of  July  of  each  year.    At  the  first  election  held  under  this  act 
two  trustees  shall  be  elected  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years 


124  GENERAITSCHOOL  LAWS. 

from  the  second  Monday  of  July  of  such  year,  and  the  term 
for  which  each  trustee  is  elected  shall  be  designated  on  the 
T3rm  of          ballot  cast  for  him.    Annually  thereafter  two  trustees  shall  be 
lce<  elected  for  a  term  of  three  years  from  and  after  the  se'cond 

Monday  of  July  of  the  year  when  elected  and  until  their  suc- 
cessors are  qualified  and  enter  upon  the  duties  of  their  offices. 

Am.   1905,  Act  231. 


APPENDIX. 


APPENDIX. 


FORMS  FOR  PROCEEDINGS  UNDER  THE  SCHOOL  LAWS. 


(331.)  FORM  No.  1. 

Notice  by  the  clerk  of  the  board  of  inspectors  to  a  taxable  inhabitant  of  a  district  of  the  time  of 

its  formation. 

[See  Comp.  Sees.  No.  25,  26.] 

To  A B : 

SIR — The  board  of  school  inspectors  of  the  township  of have  formed 

a  school  district  in  said  township  to  be  known  as  District  No and  bounded 

as  follows:  [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at ,  on  the ....  day  of 

19 .....  at o'clock, . . . .  M. ,  and  you  are  instructed  to  notify  every 

legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said  meeting,  either 
personally  or  by  leaving  a  written  notice  at  his  place  of  residence.  You  will  indorse 
on  this  notice  a  return,  showing  each  notification,  with  the  date  or  dates  thereof,  and 
deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this day  of 19 

(Signed.)  C D , 

Clerk  of  the  Board  of  School  Inspectors. 


(332) 

FORM  No.  2. 

Notice  of  first  meeting — when  made  in  writing  to  be  left  at  the  house  of  every  legal  voter. 
'[See  Comp.  Sees.  No.  25,  26,  40.] 

ToC D : 

SIR — School  district  No of  the  township  of having  been  formed 

by  the  board  of  school  inspectors,  you,  as  a  legal  voter  in  said  district,  are  hereby  notified 

tnat  the  first  meeting  thereof  will  be  held  at .on  the. . .  .day  of 

19....,  at o'clock.... M. 

Dated  this day  of 19. ... 

(Signed.)  A B 

[The  person  appointed  to  give  notice.] 


128 


GENERAL  SCHOOL  LAWS. 


(333.) 

FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)  by  Taxable  Inhabitant. 
[See  Comp.  Sees.  No.  25,  26,  40.] 

I,  A .B ,  hereby  return  the  within  (or  annexed)  notice, 

having  notified  the  qualified  voters  of  the  district,  as  follows:  j 


NAMES. 


DATE. 


How  NOTIFIED. 


A B January  1,  1902 Personally. 

C D January  1,  1902 Written  notice. 

E F January  2,  1902 Personally. 

Dated  this day  of 19. ..    . 

(Signed.)  A B 

(334.) 

FORM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 
[See  Comp.  Sec.  No.  34.] 

To  the  Director  of  School  District  No ,  Township  of 

SDR — At  a  meeting  of  the  board  of  school  inspectors  of  the  township  of 

held ,  19 . . . . ,  the  boundaries  of  school  district  No ,  township 

of were  altered  hi  such  manner  that  the  territory  of  said  district  now 

includes  the  following:.    [Here  insert  the  description.] 

Dated  this day  of 19 

(Signed.)  C D , 

Clerk  of  the  Board  of  School  Inspectors. 

(335.) 

FORM  No.  5. 

Notice  of  Meeting  of  Inspectors. 
[See  Comp.  Sec.  No.  31.] 

NOTICE — A  meeting  of  the  board  of  school  inspectors  of  the  township  of 

,  will  be  held  at ,  on  the day  of 19 ,  at 

o'clock. . .  .M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  before 
the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state  the  altera- 
tions proposed.] 

Dated  this day  of 19 

(Signed.)  A B , 

Clerk  of  the  Board  of  School  Inspectors. 


FORMS  FOR  PROCEEDINGS.  129 


(336.) 

FORM  No.  6. 

Appointment  of  District  Officers  by  School  Inspectors. 
[See  Comp.  Sees.  No.  46,  125.] 

The  undersigned  school  inspectors  of  the  township  of ,  do  hereby 

appoint  A B [director,  moderator,  or  treasurer,  as  the  case  may 

be]  of  school  district  No ,  in  said  township,  the  district  board  having  failed  to 

appoint. 

Dated  this day  of 19 

C D , 

E F , 

U H , 

Board  of  School  Inspectors. 


(337.) 

FORM  No.  7. 

Notice  to  Boards  of  School  Inspectors  requesting  them  to  fix  School  Site. 
[See  Comp.  Sec.  No.  106.] 

To  the  Township  Clerk  of Township: 

You  are  hereby  notified  that  the  legally  qualified  voters  resident  in  school  district  No. 

,  township  of ,  county  of ,  are  unable  to  fix 

a  school  site  for  said  district  and  you  are  hereby  requested  to  call  a  meeting  of  the  board 

of  school  inspectors  of  the  township  of for  the  purpose  of  fixing  a  site 

for  said  school  district. 

(Signed.)  A B , 

Director. 


(338.) 

FORM  No.  8. 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Board  of  School  Inspectors 

when  they  establish  a  Site. 

[See  Comp.  Sec.  No.  106.] 

The  inhabitants  of  school  district  No ,  township  of ,  having 

failed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  board  of  school  inspect- 
ors hereby  certify  that  they  have  determined  that  the  said  site  shall  be  as  follows  [here 
insert  description]. 

Given  under  our  hands  this day  of ,  19 .... 

A.. B , 

C D , 

E.. F , 

Board  of  School  Inspectors. 
17 


130  GENERAL  SCHOOL  LAWS. 

(339.) 

FORM  No.  9. 

Notice  to  Board  of  School  Inspectors  of  consent  to  consolidation  of  School  Districts. 
[See  Comp.  Sec.  No.  32.] 

To  the  Township  Clerk  of Township: 

SIR — At  a  meeting  of  the  legally  qualified  voters  of  school  district  No , 

township  of ,  held . . ,  19 ,  the  question  of  disbanding 

the  present  organization  of  said  district  and  uniting  its  territory  with  that  of  other  school 

districts  was  submitted resident  taxpayers  of  the  district  were  present.     The 

result  of  the  vote  was  as  follows:     Number  of  votes  in  favor  of  disbanding  the  district. . . . ; 

number  of  votes  opposed  to  disbanding  the  district You  are  hereby  notified  that  a 

majority  of  the  resident  taxpayers  of  said  school  district  No of  the  township  of 

has  consented  to  the  disbanding  of  said  district  and  the  consolidation 

of  its  territory  with  other  districts  and  you  are  hereby  requested  to  call  a  meeting  of  the 

board  of  school  inspectors  of '. township  at  the  earliest  possible  date  to 

dispose  of  the  territory  and  property  of  said  school  district  No ,  township  of 

Dated  this day  of ,19 

(Signed.)  A B , 

Director. 


(340.) 

FORM  No.  10. 

Petition  by  resident  taxpayers  of  the  School  District,  giving  consent  to  the  disbanding  of  School 
District  and  consolidation  of  territory. 

[See  Comp.  Sec.  No.  32.] 

,  Michigan,  . .  -i ,  19 .... 

To  the  Board  of  School  Inspectors  of Township,  County  of , 

State  of  Michigan: 

The  undersigned,  resident  taxpayers  of  school  district  No ,  in  the  township 

of ,  do  hereby  give  consent  that  the  organization  of  said  school  district 

No ,  township  of ,  shall  be  dissolved  and  that  the  territory 

of  said  school  district  No of  the  township  of shall  be  divided 

or  consolidated  with  other  school  districts  as  in  the  judgment  of  the  Board  of  School  In- 
spectors may  be  deemed  best. 
(Signatures.) 


(341.) 

FORM  No.  11. 

Bond  to  be  given  by  the  Chairman  of  the  Board  of  School  Inspectors. 
[See  Comp.  Sec.  No.  71.] 

KNOW  ALL  MEN   BY  THESE   PRESENTS.'      That  WC,  A B ,    the 

chairman  of  the  board  of  school  inspectors  of  the  township  of county 

of and  State  of  Michigan,  and  C D and 

E F [his  sureties]  are  held  and  firmly  bound  unto  the  said 

township,  in  the  sum  of  [here  insert  the  sum  of  double  the  amount  to  come  into  said  chair- 
man's handp,  as  nearly  as  the  same  can  be  ascertained]  for  the  payment  of  which  sum 


FORMS  FOR  PROCEEDINGS.  131 

well  and  truly  to  be  paid  to  the  said  township,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  this  obligation  is  such  tnat  if  A B ,  the 

chairman  of  the  board  of  school  inspectors,  shall  faithfully  appropriate  all  moneys  that 
may'come  into  his  hands  by  virtue  of  his  office,  then  this  obligation  shall  be  void;  other- 
wise, of  full  force  and  virtue. 

Sealed  with  our  seals,  and  dated  this day  of ,  19. ... 

A B ,[L.  s.] 

C D ,[L.  s.] 

E F ,[L.  s.] 

Signed,  sealed  and  delivered  in  the  presence  of 


I  approve  the  within  bond. 

(Signed.)  G H ,  Township  Clerk. 

Justification  of  Sureties  in  the  foregoing  Bond. 

C D and  E F ,  the  sureties, 

whose  names  are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says 
that  he  is  a  resident  hi  said  township  and  is  worth  the  sum  specified  in  said  bond  v  er 
and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from  execution. 

(Subscribed  and  sworn  to.) 


(342.) 

FORM  No.  12. 

Notice  of  Annual  Meeting. 
[See  Comp.  Sees.  No.  37,  39,  64.] 

NOTICE — The  annual  meeting  of  school  district  No of  the  township  of 

,  for  the  election  of  school  district  officers  and  for  the  transaction  of  such  other 

business  as  may  lawfully  come  before  it,  will  be  held  at ,  on  Monday,  the 

day  of  July,  19 ,  at o'clock M. 

Dated  this day  of  June,  19 

(Signed.)  A B. r 

Director. 


(343.) 

FORM  No.  13. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a  Special  Meeting. 

[See  Comp.  Sec.  No.  38.] 

To  the  District  Board  of  School  District  No (or  to  A B 

one  of  the  District  Board): 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of 

,  request  you,  in  pursuance  of  section  15  of  chapter  II  of  the  general  school 

laws  of  1897,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 


Dated  this day  of ,  19. ... 

(Signed.)  C D. 

E F. 

G H 

I K 

L,.  ,  M, 


132  GENERAL  SCHOOL  LAWS. 

(344.) 

FORM  No.  14. 

Notice  of  Special  Meeting. 
[See  Comp.  Sees.  No.  38,  39.] 

NOTICE — A  special  meeting  of  the  legal  voters  of  school  district  No ,  in  the 

township  of ,  called  on  the  written  request  of  five  legal  voters  [or  called 

by  the  district  board,  as  the  case  may  be],  will  be  held  at ,  on  the 

day  of ,19 ,  at o'clock ....  M.,  for  the  purpose 

of  [here  insert  every  object  that  is  to  be  brought  before  the  meeting.] 

(Signed.)  A B , 

Director. 


(345.) 

No.  15. 


Appointment  of  District  Officers  by  District  Boards. 
[See  Comp.  Sees.  No.  46,  125,  195.] 

The  undersigned,  members  of  the  district  board  of  school  district    No  ............  , 

township  of  ................  ,   do  hereby  appoint  A.  .....  .....  .    B  ............    [di- 

rector, moderator,  or  treasurer,  as  the  case  may  be]  of  said  district  to  fill  the  vacancy  created 
by  the  [removal,  resignation    or  death,  etc.]  of  C  ............  D  ............  ,  the  late 

incumbent. 

Dated  this  ............  day  of  ............  .  19.  ... 

E  ............   F  ............ 

G..  .   H.. 


(346.) 

FORM  No.  16. 

Acceptance  of  office  by  District  Officers,  to  be  fikd  with  the  Director. 
[See  Comp.  Sees.  No.  48,  125  143,  193.] 

I  do  hereby  accept  the  office  of in  school  district  No of 

the  township  of 

Dated  this day  of ,19 

(Signed.)  A B 


(347.) 

FORM  No.  17. 

Affidavit  of  District  Officers  to  accompany  acceptance. 

[See  Comp.  Sec.  No.  48.] 
STATE  OF  MICHIGAN 
COUNTY  OF 

,  being  duly  sworn,  says  that  he  has  been  elected  to  the  office 

ui in  school  district  No of  the  township  of. 

that  he  is  a  legally  qualified  voter  in  school  meetings  of  said  district,  that  his  name  appears 


FORMS  FOR  PROCEEDINGS.  133 


on  the  assessment  roll  of township  and  of  said  district,  and  that  he  is 

the  owner  in  his  own  right  of  the  property  so  assessed. 

Subscribed  and  sworn  to  before  me, 

a ,  this day  of 

,  A.  D.  19.  . 


My  commission  expires 


(348.) 

FORM  No.  18. 

Treasurer's  Bond. 
[See  Comp.  Sees.  No.  69,  194.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:     That  we,  A B treasurer 

of  school  district  No ,  township  of ,  county  of 

and  State  of  Michigan,  C D and  E F 

[his  sureties],  are  held  firmly  bound  unto  said  district  in  the  sum  of 

[here  insert  double  the  amount  expected  to  come  into  the  treasurer's  hands]  to  be  paid 
to  the  said  district;  for  the  payment  of  which  sum  well  and  truly  to  be  paid,  we  bind  our- 
selves, our  heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by  these 
presents. 

The  condition  of  the  above  obligation  is  such  that,  if  the  said 

treasurer  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office  as  treasurer  of  said 
school  district,  and  shall  well  and  truly  pay  over  to  the  person  or  persons,  entitled  thereto, 
upon  the  proper  order  therefor,  all  sums  of  money  which  shall  come  into  his  hands  as 
treasurer  of  said  district,  and  shall,  at  the  expiration  of  his  term  of  office,  pay  over  to  his 
successor  in  office  all  moneys  remaining  in  his  hands  as  treasurer  aforesaid,  and  shall  de- 
liver to  his  successor  all  books  and  papers  appertaining  to  his  said  office,  when  this  obliga- 
tion shall  be  void,  otherwise  of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of ,  19 .... 

A B ,[L.  s.] 

C D ,[L.  s.] 

E F ,[L.  s.] 

Signed,  sealed  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed.)  G H ,  Moderator. 

J K ,  Director. 

Justification  of  Sureties  in  the  foregoing  Bond. 

C D ,  and  E F ,....,  the  sureties,  whose 

names  are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that  he 
is  a  resident  in  said  district,  and  is  worth  the  sum  specified  in  said  bond,  over  and  above  all 
his  debts  and  liabilities,  exclusive  of  property  exempt  from  execution. 

(Subscribed  and  sworn  to.) 


134  GENERAL  SCHOOL  LAWS. 

(349.) 

FORM  No.  19. 

Order  upon  the  Treasurer  for  Moneys  to  be  disbursed  by  him,  with  Receipt  attached. 
[See  Comp.  Sees.  No.  64,  69.] 

Treasurer  of  School  District  No ,  Township  of : 

SIR — Pay  to the  sum  of 100  dollars  out  of 

any  moneys  in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order  is 
drawn,  as  "  teachers'  wages,"  building,  etc.]  fund,  on  account  of  [here  state  the  object  for 
which  the  order  was  drawn]. 

Dated  this day  of ,19 

A B , 

Director. 
[Countersigned] 

C D ,  Moderator. 

Received  of  E F ,  treasurer  of  school  district  No 

the  amount  specified  hi  the  above  order. 

G..  .  H.. 


(350.) 

FORM  No.  20. 

Warrant  upon  Township  Treasurer  for  moneys  belonging  to  School  District. 
[See  Comp.  Sees.  No.  64,  69;  89,  201.] 

Treasurer  of  the  Township  of : 

SIR — Pay  to  A B ,  treasurer  of  school  district  No 

in  said  township,  the  sum  of 100  dollars,  out  of  [here  insert  the  partic- 
ular fund],  in  your  hands  belonging  to  said  district. 

Dated  at this ^ day  of ,19 

C D , 

[Countersigned]  Director. 

E F ,  Moderator. 


(351.) 

FORM  No.  21. 

Notice  to  Township  Clerk  of  the  establishment  of  school  district  library. 
[See  Comp.  Sec.  No.  135.] 

To  the  Township  Clerk  of Township: 

You  are  hereby  notified  that  school  district  No of  the  township  of 

,  at  the  annual  meeting  held  on  the day  of ,  19 .  . .  . , 

by  a  two-thirds  vote,  voted  to  establish  a  district  library  under  the  provisions  of  section 
4757  of  the  Compiled  Laws.  You  are  hereby  requested  to  apportion  to  said  ^school  dis- 
trict its  just  proportion  of  any  books  now  in  the  township  library  of 

township  according  to  the  number  of  children  in  this  district. 

(Signed.)  A B , 

Director. 


FORMS  FOR  PROCEEDINGS.  135 

(352.)     . 

FORM  No.  22. 

Notice  to  Township  Clerk  of  taxes  voted  by  School  District. 
[See  Comp.  Sec.  No.  43.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

You   are   hereby   notified  that  at  the  (annual  or  special)  meeting  of  legally  qualified 

voters  of  school  district  No ,  township  of ,   the  following 

taxes  were  voted  to  be  spread  upon  the  property  of  the  district  for  the  ensuing  year  under 
the  provisions  of  section  4665  of  the  Compiled  Laws  of  1897 : 

For  school  sites $ 

For  building  schoolhouse 

For  repairs 

For  necessary  appendages 

For  library : 

For  indebtedness 

For  services  of  district  officers . 

For  transportation  of  pupils 


Total  tax. 


Said  sums  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable  property  of 
said  district  in  accordance  with  the  provisions  of  law. 

Dated  at .this day  of ,19 

bA B ,  Director. 
C D ,  Moderator. 
E F ,  Treasurer. 

(353.) 

FORM  No.  23. 

Notice  to  Township  Clerk  of  taxes  voted  by  District  Board  under  the  provisions  of  section 

4674,  Compiled  Laws  1897. 

[See  Comp.  Sec.  No.  52.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

You  are  hereby  notified  that  the  district  board  of  school  district  No ,  town- 
ship of ,  at  a  meeting  of  said  board  held  on  the day  of 

,  190 .  . . . ,  estimated  and  voted  taxes  for  teachers'  wages,  fuel  incidental  ex- 
penses, and  deficiencies,  to  be  levied  upon  the  property  of  said  school  district  for  the  ensu- 
ing year  as  follows: 

Teachers'  wages $ 

Fuel 

Incidental  expenses 

Deficiencies 

Flag  and  flag  staff 

Free  textbooks. . 


Total. 


Said  sums  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable  property 
of  said  district  hi  accordance  with  the  provisions  of  law. 

Dated  at ,'this day  of ,  19 

A B ,  Director. 

C D ,  Moderator. 

E F ,  Treasurer. 


136  GENERAL  SCHOOL   LAWS. 

(354.) 

FORM  No.  24. 

Warrant  on  the  Township  Treasurer  for  Library  Moneys. 
[See  Comp.  Sec.  No.  132.] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR — Pay  to ,  chairman  of  the  board  of  school  inspectors,  the 

sum  of 100  dollars,  from  the  library  moneys  in  your  hands  or  to  come  into 

your  hands,  the  same  being  for  the  support  of  the  library  of  said  township. 

Dated  this. . : day  of ,19 

A..  .   B.. 

C D 

E  F 

-1-1 A > 

Township  Board  of  School  Inspectors. 

REMARK. — In  case  district  libraries  are  established  in  a  township,  the  library  moneys  due  such  dis- 
tricts are  payable  on  the  order  of  the  district  officer.     (See  form  No.  11.) 


(355.) 

FORM  No.  25. 

Notice  by  the  Township  Treasurer  to  the  Township  Clerk  of  moneys  to  be  Apportioned  to 

Districts. 

See  Comp.  Sees.  No.  89,  90.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

SIR — I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts  of  this 

township  the  following  moneys: 

Primary  school  interest  fund $ 

Library  moneys  received  from  county  treasurer 

One-mill  tax 

Surplus  dog  tax 

District  taxes 

Special  funds 

Dated  this day  of ,19 

A... B , 

Township  Treasurer. 


FORMS  FOR  PROCEEDINGS. 


137 


(356.) 


FORM  No.  26. 


Notice  by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment  of  Moneys 

to  Districts. 

[See  Comp.  Sees.  No.  80,  81.] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR — Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each  school 
district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount  of  moneys  appor- 
tioned to  each  of  said  districts: 

.S 

•§      --o 

Districts  j!  o1 

S  5 

District  No.  1 |$ $ $ $ $ $ $. 

District  No.  2,  fr'l. 

Total : ' $ $ $ $ $ $ $. 

Dated  this day  of ,  19 .... 

A  .   B , 

Township  Clerk. 

(357.) 

FORM  No.  27. 

Notice  by  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Districts. 

[See  Comp.  Sec.  No.  81.] 
A B ,  Director,  School  District  No ,  Township  of .  .  .  . 

SIR — The  amount  of  school  moneys  apportioned  to  school  district  No town- 
ship of is  as  follows: 

Primary  school  interest  fund $ 

Library  moneys  received^from  county  treasurer 

One-mill  tax 

Surplus  dog  tax 

District  taxes 

Special  funds 

Total $ 

Dated  this day  of ,19 

A...    B , 

Township  Clerk. 
18 


138 


GENERAL  SCHOOL  LAWS. 


(358.) 


FORM  No.  28. 


Certificate  by  the  Township  Clerk  to  the  supervisor,  of  district  taxes  to  be  assessed. 

[See  Comp.  Sec.  No.  79.] 

Supervisor  of  tlie  Township  of ,  County  of : 

SIR — I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  proposed  to 
be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school  districts  of  this 
township,  as  the  same  appears  from  the  reports  of  the  district  boards  of  the  several  districts 
now  on  file  in  my  office: 


Districts. 

For  teachers' 
wages. 

For  building 
purposes. 

w 
I 

a 
2 

1 

S  • 

tci 

c  a 

IS 

*8 

r 

TJ 
i 

£ 

J3 
I 

For  apparatus. 

For  incidental 
expenses. 

£ 

Li 

District  No.  1  

$  

$  

$.  .... 

$  

$  

s  

$  

S.  .  .  . 

$  

District  No  2  fr'l 

Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  districts  in 
accordance  with  the  provisions  of  law. 

Dated  this day  of ,19 

A D , 

Township  Clerk. 


(359.) 

FORM  No.  29. 

Deed  to  school  district. 
[See  Comp.  Sec.  No.  51.] 

KNOW    ALL  .MEN    BY    THESE     PRESENTS:      That    A B 

and  C D his  wife,  of  the 

township  of ,  county    of 

and  State  of ,  part. .  .  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  of 100  dollars,  to  paid  by  the  district  board 

of  school  district  No ,  of  the  township  of ,  county  of 

,  and  State  of  Michigan,  the  receipt  whereof  is  hereby  acknowledged,  do. .  hereby 

grant,  bargain,  sell,  and  convey  to  school  district  No aforesaid,  the  party  of  the 

second  part,  and  their  assigns  forever,  the  following  described  parcel  of  land  namely  [here 
insert  description];  together  with  all  the  privileges  and  appurtenances  thereunto  belonging, 
to  have  and  to  hold  the  same  to  the  said  party  of  the  second  part  and  their  assigns  forever. 
And  the  said  part.  .  of  the  first  part  for  themselves,  their  heirs,  executors,  and  adminis- 
trators, do  covenant,  grant,  bargain,  and  agree,  to  and  with  the  said  party  of  the  second 
part  and  their  assigns,  that,  at  the  time  of  the  ensealing  and  delivery  of  these  presents, 
they  were  well  seized  of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute, 
and  indefeasible  estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said  lands  and 
premises  are  free  from  all  encumbrances,  whatever;  and  that  the  above  bargained  prem- 
ises, in  the  quiet  and  peaceable  possession  of  the  said  party  of  the  second  part  and  their 
assigns,  against  all  and  every  person  or  persons  lawfully  claiming  or  to  claim  the  whole  or 
any  part  thereof,  they  will  forever  warrant  and  defend. 


FORMS  FOR  PROCEEDINGS.  139 

In   witness  whereof,   the   said    A B and 

C D his  wife,  party   of  the  first  part 

have  hereunto  set  their  hands  and  seals,  this day  of , 

19 

A B.... .,  [SEAL] 

C D ,  [SEAL] 

Signed,  sealed,  and  delivered  in  presence  of 


E F. 

G..  .  H. 


STATE  OF (ss 

County  of ^ 

On  this day  of ,  in  the  year  one  thousand  nine  hundred  and 

,  before  me,  J K ,  a ,  in  and  for 

said  county,  personally  appeared and , 

his  wife,  to  me  known  to  be  the  same  persons  described  in  and  who  executed  the  within 
instrument,  who  severally  acknowledged  the  same  to  be  their  free  act  and  deed. 

Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

J..  .    K..  ..fSEAL] 


My  commission  expires 


(360.) 

FORM  No.  30. 

Lease  to  school  district. 
[See  Comp.  Sec.  No.  51.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:  That  A B ,  of  the 

township  of ,  county  of ,  and  State  of . .  •. , 

of  the  nrst  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto  school 

district  No ...  ,  in  the  township  of ,  county  of , 

and  State  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following  parcel  of 
land,  to  wit:  [here  insert  description]  with  all  the  privileges  and  appurtenances  thereto 

belonging;  to  have  and  to  hold  the  same  for  and  during  the  term  of • years 

from  the day  of ,  19 And  the  said  party  of  the  second 

part,  for  themselves  and  their  assigns,  do  covenant  and  agree  to  pay  the  said  party  of  the 
first  part,  for  the  said  premises,  the  annual  rent  of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals  this 
day  of ,19 

A B ,  [SEAL] 

Lessor. 

C D , 

E F ,  [SEAL] 

G H , 

Board  of  School  District  No of  the  Aforesaid  Township. 

Signed  and  sealed  in  the  presence  of 

I..  .  K.. 

L..  ..   M.. 


140  GENERAL  SCHOOL  LAWS. 

(361.) 

FORM  No.  31. 

Contract  for  building  a  schoolhouse. 
[See  Comp.  Sec.  No.  51.] 

Contract  made  and  entered  into  between  A B ,  of  the  town- 
ship of ,  in  the  county  of ,  and  State  of  Michigan,  and 

C D....; ,  E. F.. ...........  and  G H 

,  composing  the  district  board  of  school  district  No of  the  town- 
ship of ,  in  the  county  of; ,  and  State  of  Michigan,  and 

their  successors  in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is  hereby 
acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as  herein- 
after specified,  the  said  A B hereby  agrees  to  build  a 

Bchoomouse,  and  to  furnish  the  material  therefor,  according  to  the  plans  and  specifica- 
tions for  the  erection  of  said  house  hereto  appended,  and  at  such  point  in  said  district  as 
said  district  board  may  designate.  The  said  house  is  to  be  built  of  the  best  material  in  a 
substantial,  workmanlike  manner,  and  is  to  be  completed  and  delivered  to  the  said  dis- 
trict board  or  their  successors  in  office,  free  from  any  lien  for  work  done  or  material  fur- 
nished, by  the day  of ,  19 And  in  case  the  said  house 

is  not  finished  by  the  time  herein  specified,  the  said  A B shall 

forfeit  and  pay  to  the  said  district  board  or  their  successors  in  office,  for  the  use  of  said 

district,  the  sum  of dollars,  and  shall  also  be  liable  for  all  damages  that 

may  result  to  said  district  in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district,  hereby 

agrees  to  pay  the  said  A B the  sum  of dollars 

when  the  foundation  of  said  house  is  finished;  and  the  further  sum  of   

dollars  when  the  walls  are  up  and  ready  for  the  roof;  and  the  remaining  sum  of ^. 

dollars  when  the  said  house  is  finished  and  delivered  as  herein  stipulated.     It  is 

further  jagreed  that  this  contract  shall  not  be  sub-let,  transferred,  or  assigned  without  the 
consent  of  both  parties. 

Witness  our  hands  this day  of ,  19 .... 

A B , 

Contractor. 

C..  .  D.. 

E F , 

G H 

District  Board, 


(362.) 

FORM  No.  32. 

Contract  between  district  board  and  teacher. 
[See  Comp.  Sees.  Nos.  56,  126,  198.] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district  No 

,  in  the  township  of ,  county  of ,  and  State 

of  Michigan,  and  A B ,  a  legally  qualified  teacher  in  said  county 

and  township,  that  the  said  A B shall  teach  the  school  of  said 

district  for  the  term  of months,  commencing  on  the .day  of 

,  19' and  that  there  shall  be vacation  periods  of 

days  beginning  on  the  following  dates:     

The  said  A B agrees  to  faithfully  keep  a  correct  list  of  the 

pupils,  grade  and  age  of  each  attending  school;  to  faithfully  observe  and  enforce  the  rules 
and  regulations  established  by  the  district  board  of  said  district  for  the  external  manage- 
ment of  said  school  and  endeavor  to  preserve  in  good  condition  and  order  the  school 


FORMS  FOR  PROCEEDINGS.  141 

grounds,  furniture  and  such  other  district  property  as  may  come  under  h. . . .  supervision. 

The  said  A B further  agrees  to  teach  the  subject  of  physiology 

and  hygiene  with  special  reference  to  the  effects  of  alcoholic  drinks  and  narcotics  as  is 
required  by  law,  also  to  give  instruction  in  regard  to  the  mode  by  which  dangerous  com- 
municable diseases  are  spread,  the  best  methods  for  the  restriction  and  prevention  of 
such  diseases,  and  will  report  the  facts  in  regard  to  all  such  instruction  to  the  director  at 

the  close  of  the  school  term  or  year.     The  said  A B further 

agrees  to  prepare  a  report  at  the  close  of  the  school  term  or  year  showing  the  foregoing 
facts,  also  the  number  of  days  each  pupil  attended  school,  the  aggregate  attendance,  the 
average  daily  attendance,  and  the  percentage  of  attendance,  together  with  such  other 
items  as  the^said  district  board  or  the  commissioner  of  schools  may  require,  and  that  all 
this  information  and  all  these  reports  shall  be  placed  in  the  hands  of  the  director  at  the 
close  of  the  school  term  or  year  and  prior  to  receiving  the  wages  for  the  last  month's  labor. 
The  said  district  board,  in  behalf  of  said  district,  agrees  to  provide  a  water  supply  for 
the  school,  to  keep  the  schoolhouse  in  good  repair,  and  the  school  grounds  in  good  and 
sanitary  condition,  to  provide  proper  and  necessary  fuel,  to  provide  a  janitor,  or  allow  the 

teacher dollars  per  month  for  such  service,  to  purchase  and  place  in  the 

schoolroom  the  necessary  appendages  specified  in  the  law,  to  provide  the  teacher  and 
pupils  with  proper  charts  and  appliances  for  giving  instruction  in  the  subjects  above  men- 
tioned, and  to  do  Jill  things  that  will  promote  the  welfare  and  success  of  the  school,  and 

to  pay  said  A . . .  t B for  said  services  as  teacher,  to  be  faithfully 

and  truly  rendered  and  performed  as  above  stated,  the  sum  of dollars  per 

month,  the  same  being  the  amount  of  wages  agreed  upon,  to  be  paid  on  or  before  the 

day  of ,19 ;  provided,  that  in  case  the  said  A 

B shall  be  dismissed  from  school  by  the  said  district  board  for  gross  immo- 
rality or  violation  of  this  contract,  or  shall  permit  h certificate  of  qualification  to 

expire;  or  shall  have  said  certificate  annulled  or  suspended  by  the  county  board  of  school 

.examiners  or  other  lawful  authority,  h shall  not  be  entitled  to  any  compensation 

from  and  after  such  annullment,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this day  of 

10 

0 D ,  Director. 

E •  F ,  Moderator. 

G H ,  Treasurer. 

\    .  .    P.    .  ,  Teacher. 


142 


GENERAL  SCHOOL  LAWS, 


if  HI  n 

°  .gjyg  — 


sis  si 


H  *-("•"§  ^  ^-^  c«  w^ 

V  m  «  S  t3  X  .     •*?  2  I- 


FORMS  FOR  PROCEEDINGS.  143 

(364.) 

FORM  No.  34. 

Notice  to  parents  or  guardians  in  rural  districts  in  regard  to  truancy. 

[See  Comp.  Sees.  217-222.] 
State  of  Michigan,         (  ^ 

,  Mich.,  .    19, 


County  of S  ss' 


To : 

You  are  hereby  notified  that ,  a  child  seven  years  of  age  and 

under  sixteen  years,  and  under  your  legal  control  is  not  attending  the  public  school  in 
your  district.  You  are  hereby  directed  to  send  said  child  to  the  public  scnool  in  your  dis- 
trict with  proper  books  on  Monday  morning  next  at  nine  o'clock,  and  you  are  notified 
that  Act  No.  200  of  the  Public  Acts  of  1905  requires  that  all  children  of  the  ages  above 
mentioned  be  in  regular  attendance  at  school  during  the  entire  school  year  as  taught  in 
each  district. 

Yours  respectfully, 

Deputy  Sheriff. 


(365.) 

FORM  No.  35. 

Notice  of  Commissioner  of  Schools  to  Deputy  Sheriff  acting  as  truant  officer. 
[See  Comp.  Sees.  218-221.] 

.,  Mich.,  .,19. 


Deputy  Sheriff  of County: 

SIR — You  are  hereby  notified  that  the  following  namod  children,  in  the  districts  and 
townships  specified,  are  not  in  regular  attendance  at  the  public  schools.  By  the  provisions 
of  Act  No.  200  of  the  Public  Acts  of  1905,  you  are  hereby  requested  to  investigate  these 
cases  of  truancy  or  non-attendance  at  school  as  is  provided  in  said  act: 


NAME  OF  CHILD.      NAME  OF  PARENT.         ADDRESS.  DISTRICT.  TOWNSHIP. 


Yours  respectfully, 

Counhj  Commissioner  »]  Schools, 


144  GENERAL  SCHOOL  LAWS. 

(366.) 

FORM  No.  36. 

Notice  to  Commissioner  of  Schools  by  Teacher  of  cases  of  truancy. 
[See  Comp.  Sees.  217-222.] 

.,Mich.,  .,19, 


County  Commissioner  of  Schools: 

SIR — You  are  hereby  notified  that  the  following  children,  resident*  of  district  No. 

,  township  of ,  are  not  in  regular  attendance  at  the  public 

school. 


NAME  OF  CHILD. 


NAME  OF  PARENT.  ADDRESS. 


Very  respectfully, 

Teacher. 


(367.) 

FORM  No.  37. 

Notice  to  parents  or  guardians  in  cities  and  villages. 
[See  Comp.  Sees.  No.  217-222.] 

.,Mich.,  .  ..,19.... 

To  M , 

No Street: 

You  are  hereby  notified  that is  believed  to  be  over  7  and  under 

16  years  of  age  and  that is  not  attending  school  as  provided  for  by  the  act 

under  which  this  notice  is  sent,  and  you  are  hereby  notified  to  cause  said .... 
to  begin  regular  attendance  next  Monday  at  the school. 

Respectfully, 

Truant  Officer. 
Servod  .  .,  19. . 


FORMS  FOR  PROCEEDINGS.  1 15 

(368.) 

FORM  No.  38. 

Notice  to  Truant  Officer  by  School  Officers.  Teachers  or  Residents  of  Village  or  City. 
[See  Comp.  Sees.  No.  217-222.] 

Michigan. 

,.19.... 

To  the  Truant  Officer  of  the  Village  or  City  of : 

SIR — You  are  hereby  notified  that  the  following  named  pupils  residing  at 

St.,  are  liable  to  the  penalty  for  violation  of  the  law  for  compulsory 

attendance  at  school. 

I  trust  you  will  investigate  the  cases  at  once  and  learn  the  reasons  why  they  are  not  in 
school. 

Respectfully, 

A B , 

19 


INDEX 


INDEX. 


The  references  are  to  compiler's  sections. 

A. 

ABSTRACTS: 

of  school  inspectors'  reports 17 

ACADEMIES  AND  INCORPORATED  EDUCATIONAL  INSTITUTIONS: 

with  whom  to  file  certain  reports 171 

ACCEPTANCE  OF  OFFICE: 

neglect  to  file  vacates  office 45 

certain,  filed  with  and  recorded  by  director 48,  125,  193 

penalty  for  failure  of  district  officer  to  file 144 

ACCOUNTS: 

director  to  keep,  of  expenses \ 64,  126 

inspector  to  render,  to  township  board 

of  members  of  board  of  school  examiners,  with  whom  filed 

ACTION: 

against  school  districts,  how  brought,  etc 


relative  to  obtaining  schoolhouse  site'. 


74 
185 

99-105 
106-20 

ADJOURNMENTS:  ~ 

of  district  meetings 43 

of  proceedings  to  obtain  schoolhouse  site 116 

ADMISSION  OF  PUPILS: 

resident 61 

non-resident - 62 

to  high  schools 126 

to  Agricultural  College ; 159 

to  kindergarten 162 

to  Normal  school 251 

AGE: 

at  which  children  may  attend  school 61,  162,  191 

at  which  education  is  compulsory 214 

AGENTS  FOR  SCHOOL  BOOKS,  ETC.: 

officers,  teachers,  etc,,  not  to  act  as 151,  186 

AGRICULTURAL  COLLEGE  COURSE: 

who  to  prepare,  for  district  schools 159 

AGRICULTURAL  SCHOOL: 

to  be  provided 14 

admission  of  pupils  to  freshman  class  of 159 

duties  of  secretary  of 159 

examinations  for  admission  to 189,  190 

ALIENS: 

not  eligible  to  office 47 

ALTERATION : 

in  boundaries  of  districts 31-34 

of  schoolhouse  sites 106 

in  boundaries  of  graded  school  districts 127 

of  boundaries  of  township  school  districts 206 

ANNUAL  ELECTION: 

of  trustees  in  cities  of  4th  class 330 

ANNUAL  MEETING: 

(See  District  Meetings.) 

ANNULMENT  OF  CERTIFICATES: 

by  State  Board  of  Education 173,  249,  250,  258 

by  county  board  of  school  examiners 182 

APPARATUS: 

director  authorized  to  purchase _, 43 

tax  may  be  voted  for  purchase  of 43 

APPEAL: 

how  made  from. decision  of  inspectors  to  district  board 121-123 

APPENDAGES  TO  SCHOOLHOUSE: 

tax  may  be  voted  to  provide 43 

to  be  provided  by  director 64 

APPOINTMENT: 

of  State  officers  in  case  of  vacancy 3 

deputy  superintendent  of  public  instruction 18 

of  building  committee,  for  schoolhouse  site 43 

duties  of 43 

clerk  of  districtfmeeting  in  director's  absence 43,  194 

district  officers  in  case  of  vacancy 46 

person  to  take  school  census 65,  198 


150  INDEX. 


The  references  are  to  compiler's  sections. 

APPOINTMENT— Continued: 

district  trustees  in  case  of  vacancy 125,  195 

librarian  of  township  library 134 

member  of  board  of  school  examiners  in  case  of  vacancy 176 

county  commissioner  of  schools  in  case  of  vacancy 187 

conductor  of  teachers'  institute 212 

of  truant  officers  218 

APPORTIONMENT: 

of  primary  school  interest  fund 20-22 

of  property  on  division  of  district 35,  36,  210 

by  township  clerk  of  moneys  to  districts 80 

of  moneys  raised  by  taxes 

township  treasurer's  duties  relative  to : 

on  division  of  districts,  of  moneys 88,  206 

of  one-mill  tax 

division  of  district,  of  tax  assessed  before  and  collected  after 

in  fractional  districts,  of  moneys  collected 91 

of  library  moneys 140 

ASSESSMENT  OF  TAXES: 
(See  Taxes.) 

ASSESSOR: 

(See  Treasurer.) 

ASSOCIATIONS  FOR  ESTABLISHING  LOAN  FUNDS: 

number  that  may  incorporate 280 

manner  of  incorporation 

articles  of  association,  what  to  contain 

classification  of  members 

officers,  .duties  and  terms  of  office  of 

funds  of,  how  used 

election  of  officers,  when  held . .    *    285 

when  articles  of  association  to  be  evidence 286 

ASSOCIATIONS: 

teachers  may  form 232-4 

ASYLUMS: 

for  deaf,  dumb  and  blind,  to  be  supported 

ATTACHMENT: 

to  enforce  attendance  at  certain  proceedings 

ATTENDANCE: 

of  jurors  and  witnesses  on  certain  proceedings. . 110,  111 

AUDITOR   GENERAL: 
when,  to  reimburse  district  maintaining  county  normal  training  classes 

B. 
BALLOT: 

election  of  officers  to  be  by 44,  95,  124,  192 

form  of,  used  at  special  election  to  decide  question  of  rural  high  schools 

BAR-ROOM: 

children  not  permitted  in 

BILLIARDS: 

children  not  permitted  where,  are  played 

BLANK  FORMS: 

for  school  proceedings : 331-368 

BLIND: 

institution  for,  to  be  provided  and  supported 

BOARD,  DISTRICT: 

(See  District  Board.) 
BOARD  OF  EDUCATION: 

to  report  taxes  voted 

to  make  annual  census 

to  furnish  superintendent  with  census  list 

qualifications  of  certain  teachers,  may  hire 

when  may  select  member  of  county  normal  board 

to  estimate  cost  of  maintaining  county  normal  training  classes 

when  county  clerk  to  draw  order  in  favor  of,  for  county  normal  training  classes 

when,  may  establish  day  schools  for  the  deaf 

in  cities  of  fourth  class,  of  whom  to  consist,  election,  etc 

(See  State  Board  of  Education.) 
BOARD  OF  INSPECTION: 

at  election  to  vote  on  issuance  of  bonds,  who  to  constitute . 

BOARD  OF  INSTRUCTION: 

of  State  Normal  school,  may  grant  certificates 249,  250 

BOARD  OF  LIBRARY  COMMISSIONERS: 

(See  State  Board  of  Library  Commissioners.) 
BOARD  OF  REGENTS: 

of  University,  to  be  body  corporate 

BOARD  OF  SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 
BOARD  OF  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
BOARD  OF  SUPERVISORS: 

to  vote  on  establishment  of  county  normal  training  classes 

amount  to  appropriate  for 

BOARD  OF  TRUSTEES: 

of  graded  school  district,  election  and  term  of  office  of 

officers  of,  how  elected,  etc 

vacancy  in  office  of,  how  filled 

powers  and  duties  of 1 26,  1 1 


INDEX.  151 


The  references  are  to  compiler's  sections. 

BOARD  OF  TRUSTEES— Continued: 

consent  of,  to  he  obtained  in  alteration  of  district 127 

financial  statement  of  district  to  be  published  by 168 

penalty  for  neglect  of  duties 169 

may  establish  day  schools  for  the  deaf 319-324 

of  rural  high  schools,  when  and  how  elected 299 

term  of  office 299 

who  to  be  clerk  of 299 

who  to  be  treasurer 299 

meetings  of,  when  held 300 

special,  how  called 300 

powers  of : 300 

salary  and  duties  of  secretary  of 301 

BOARD,' TOWNSHIP: 

(See  Township  Board.) 
BOARDS: 

authorized  to  examine  teachers,  to  collect  fees 209 

BONDS: 

of  assessor,  by  whom  approved  and  where  filed 69 

of  chairman  of  board  of  school  inspectors,  where  filed,  etc 71 

two-thirds  vote  required  to  raise  money  and  issue,  in  school  districts 95 

limitations  as  to  amount  and  time  to  run 95 

tax  may  be  voted  to  redeem 97 

how  may  be  paid 98 

liability  of  county  treasurer  on % 113 

appellants  from  inspector's  action  to  give 122 

county  commissioner  of  schools  to  file 177 

treasurer  of  township  board  of  education  to  give 194 

amount  of,  of  treasurer  of  State  Board  of  Education 254 

of  contractor  to  secure  payment  of  sub-contractor 325 

recovery  to  be  had  on 328 

BOOKS: 

who  to  adopt  for  rural  high  schools 300 

(See  Record  Books.  Library  Books  and  Text-books.) 
BOUNDARIES: 

notice  of  formation  of  school  district  to  contain 25 

when  inspectors  may  alter,  of  school  districts 31 

who  to  cause  map  made  showing,  of  school  districts 78 

where  filed 78 

when  new  one  to  be  made 78 

consent  of  trustees  necessary  to  change,  of  graded  school  districts 127 

procedure  on  change  of,  of  township  school  district 206 

BUILDING  COMMITTEE: 

voters  may  appoint,  for  schoolhouse  and  prescribe  duties 43 

BUILDINGS: 

(See  Schoolhouses.) 
BY-LAWS: 

(See  Regulations.) 

CARDS: 

children  not  permitted  where,  are  played 226 

CENSUS  OF  SCHOOL  DISTRICTS: 

when  and  how  taken 65,  198 

penalty  for  false  information  to  enumerators  of 66 

when  enumerators  of,  guiltv  of  misdemeanor 66 

list  of,  to  be  furnished  teachers 219 

CENTRAL  MICHIGAN  NORMAL  SCHOOL: 

act  to  establish T 262-4 

certain  department  to  be  maintained  at 279 

CERTIFICATE: 

district  board  to  deliver  to  township  clerk,  of  taxes  to  be  assessed 53 

of  instruction  in  physiolpgy  when  filed   by   teacher 58 

copy  of,  to  be  filed  by  director  with  township  clerk 58 

to  supervisor,  of  taxes  to  be  assessed  for  school  purposes 78,  85,  199 

of  court  in  proceedings  to  obtain  site,  what  to  contain . . Ill 

when  certain  teacher's,  to  be  filed  with  commissioner  of  schools 261 

who  may  be  granted,  as  kindergarten,  music,  drawing  teacher 305 

CERTIFICATES  OF  GRADUATION: 

from  county  normal  training  classes,  who  to  grant 314 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

non-possession  of,  makes  contract  invalid 56 

regents  of  University  may  grant  certain 172 

when,  may  be  suspended  or  revoked 182,  249,  250,  258 

when  board  of  school  examiners  may  renew,  without  examinations ]  SO 

how,  must  be  signed 180 

different  grades  of 181 

requisite  qualifications  to  obtain 181 

list  of  teachers  having,  to  be  furnished  township  clerk 183 

record  of,  to  be  kept  by  county  commissioner  of  schools 183 

fee  to  be  paid  on  obtaining 209 

when  granted  to  pupils  of  Normal  school 249 

State  Board  of  Education  may  issue 258 

State  Board  of  Education  to  issue,  in  Normal  schools 279 

of  county  normal  training  classes,  what  to  qualify 315 

how  may  be  renewed 315 


152  INDEX. 


The  references  are  to  compiler's  sections. 

CHAIRMAN: 

duties  of,  of  first  meeting  of  district  .................................................  26 

of  district  meeting  to  give  oath  to  challenged  voter  ........................... 

may  arrest  disorderly  persons  ....................................................  42 

may  be  appointed  in  absence  of  moderator  ........................................  43 

when  and  how,  of  board  of  school  inspectors  elected  ................................  70 

who  not  to  be  elected  as  .........................................................  70 

to  give  bond  ...........................................................  71 

penalty  for  neglect  of,  of  first  meeting  of  district  to  perform  duties  .....................  143 

duties  of,  of  board  of  school  inspectors  relative  to  the  supervision  of  schools.  .  184 

CHALLENGE: 

of  voter  at  district  meetings  .......................................................  41 

of  juror  in  proceedings  to  obtain  site  ........................  110 

CHILDREN: 

when  census  list  of  school,  to  be  taken  ..............................................  65,  198 

compulsory  education  of  ..........................................................  217-22 

duties  of  police  officers  relative  to  certain  ............................................  218-22 

not  permitted  in  saloons,  gambling  houses,  etc  .......................................  226 

how  admitted  to  rural  high  schools  .................................................  300 

providing  for  payment  of  tuition  and  transportation  of  certain  .........................  310 

(See  Pupils.) 

CHIPPEWA  COUNTY: 

proviso  as  to  election  of  county  commissioner  in  .......................  177 

CITIES: 

when  census  in,,  to  be  compiled  .....................................................  65 

of  fourth  class  to  constitute  single  district  ...........................................  329 

board  of  education  in,  election,  etc  ...........................................  330 

CLASSIFICATION  OF  PUPILS: 
(See  Pupils.) 

CLERK: 

director  to  be,  of  district  ..........................................................  64 

township  clerk  to  be,  of  board  of  school  inspectors  ....................................  70,  76 

who  to  be,  of  district  board  of  education  ............................................  194 

who  to  be,  of  board  of  trustees  of  rural  high  schools  ..................................  299 

(See  County  and  Township  Clerk.) 

COLLECTION:  » 

relative  to  the,  of  school  taxes  .....................................................  82-91 

of  judgments  against  districts  ...........  -.  ..........................................  101-105 

of  fines  for  injuring  library  books  ...................................................  133 

of  penalties  ..........................................................  146,  147,  149,  165,  170 

of  damages  for  not  reporting  and  assessing  taxes  ..........  .  ..........................  149 

of  institute  fees  from  teachers  ......................................................  209 

COLLEGE  OF  MINES: 

entitled  to  report  of  Superintendent  of  Public  Instruction  .............................  292 

COMMISSIONER  OF  SCHOOLS: 

persons  desiring  to  teach  to  file  certificate  with  .......................................  261 

COMMITTEE  ON  BUILDING: 

voters  may  appoint  and  prescribe  duties  .............................................  43 

COMMUNICABLE  DISEASES: 

methods  of  prevention  to  be  taught  in  schools  ........................................  164-167 

COMPENSATION: 

of  officers  of  school  district  ......................................................  43,  126,  205 

teachers,  how  paid,  etc  .........................................................  56,  126,  198 

for  taking  census  .................................................................  65 


of  inspectors  for  meeting,  limited  ...................................................  75 

schoolhouse  site  determined  by  j 
in  proceedings  to  obtain  .site,  of  officers  and  jury  ..................................... 


for  schoolhouse  site  determined  by  jury  .............................................  Ill 


county  board  of  school  examiners,  of  members  .......................................  185 

of  county  commissioner  of  schools  .................................................. 

of  members  of  township  board  of  education  ..........................................  205 

of  truant  officers  ..........................................................  ....... 

of  township  officers  ............................................................... 

of  township  clerk  .................................................................  231 

State  Board  of  Education,  of  members  ..............................................  257 

COMPULSORY  EDUCATION: 

school  boards  may  furnish  books  in  certain  cases  .....................................  59 

children  exempted  ................................................................ 

age  for,  of  children  ...........................................................  .... 

length  of  time  to  be  sent  to  school  .................................................. 

penalty  for  failure  to  comply  with  law  ..............................................  219 

establishment  of  ungraded  schools  .................................................. 

when  certain  children  to  be  sent  to  ............................................... 

who  considered  truants  under  act  ...................................................  222,  22 

when'children  to  be  sent  to  reformatory  institutions  ..................................  224 

CONCERT  SALOON: 

children  not  permitted  in  ..........................................................  226 

CONDUCTOR: 

who  to  be,  of  teacher's  institutes  ...................................................  212 

CONSOLIDATION  OF  DISTRICTS: 

(See  School  Districts;  also  Township  Board  of  School  Inspectors.) 
CONSTITUTIONAL  PROVISIONS: 

State  officers  to  be  elected  ......................................................... 

where  to  keep  offices  ............................................................ 

term'of  office  .................................................................. 

vacancy,  how  filled  ............................................................. 

duties  of  Superintendent  of  Public  Instruction  ......................  ......... 


INDEX,  153 


The  references  are  to  compiler's  sections. 

CONSTITUTIONAL  PRO  VISIONS— Continued : 

what  to  constitute  school  funds 

lands  escheating  to  State  to  be  applied  to  school  funds 

free  schools  to  be  maintained 7,8 

how  districts  may  be  deprived  of  public  moneys 

regents  of  University  how  elected, 9 

vacancy  in  office,  how  filled 

to  be  body  corporate 10 

to  elect  a  president 

powers  and  duties 

State  Board  of  Education,  how  elected 

term  of  office 

to  have  care  of  Normal  school 

duties,  how  prescribed 

institutions  for  deaf,  dumb  and  blind  to  be  maintained .• 

agricultural  school  to  be  provided 

school  libraries  to  be  provided 

certain  taxes  to  be  applied  to  school  funds 16 

CONTRACTOR: 

bond  required  of,  to  secure  payment  of  subcontractor 325 

CONTRACTS: 

with  teachers 56,  126,  198 

officers  not  to  be  interested  in,  with  districts 151 

CORPORATE  POWERS: 

of  organized  school  districts 30 

of  teachers'  associations 234 

of  State  Board  of  Education ' 

of  associations  for  establishing  loan  funds 281 

CORPORATIONS: 

teachers  may  form 232-4 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS: 

county  clerk's  duties  in  relation  to  election  of 

election  and  term  of  office  of 176 

to  file  oaths  of  office 176 

vacancies  in,  how  filled . . . .- 176,  187 

schedule  of  meetings  for  special  examinations  to  be  published 

may  hold  special  meetings 179 

meetings  of,  for  examination  of  teachers 

to  whom  may  grant  certificates 180 

grades  of  certificates  issued  by 

may  suspend  or  revoke  certificates 

compensation  of  members  of 

when  officers  in  certain  districts  may  examine  teachers 

what  schools  exempt  from  supervision  of 188 

(See  Chairman  of  Board  of  Inspectors  and  County  Commissioner  of  Schools.) 
COUNTY  CLERK: 

to  receive  and  dispose  of  communications  of  State  superintendent 92 

apportionment  of  moneys,  duties  of,  relative  to 93,  139 

duties  of,  relative  to  inspector's  reports 93,  147,  197 

duties  in  proceedings  to  obtain  site 114,  115 

election  of  school  examiners,  duties  of,  relative  to 

duties  of,  relative  to  election  of  county  commissioner  of  schools 177 

to  draw  order  on  county  treasurer  for  institute  moneys 213 

duties  of,  relative  to  distribution  of  laws,  etc 294,  295 

when  to  draw  order  for  county  normal  training  classes 317 

COUNTY  COMMISSIONER  OF  SCHOOLS: 

may  be  removed  for  lack  of  qualifications 

when  and  how  elected 176 

to  file  bond  and  acceptance  of  office 176 

term  of  office 

election  of  in  Chippewa  county 177 

term  of  office 177 

who  eligible  to  office  of 

to  hold  certain  examinations 

to  prepare  schedule  for  examinations 

may  renew  certificates 

certificates  to  be  signed  by 180 

may  grant  special  certificates 

powers  and  duties  of 

to  keep  record  of  examinations 

to  counsel  with  teachers 

what  annual  reports,  to  receive 

to  receive  institute  fees 

to  receive  instructions  from  Superintendent  of  Public  Instruction 

who,  to  furnish  list  of  teachers f 

duties  relative  to  visiting  schools w 

compensation  of 

expenses  audited  by  board  of  supervisors 

not  to  act  as  agent  for  school  books,  etc 

vacancy  in  office  of,  how  filled 

duties  of,  relative  to  examination  of  candidates  for  Agricultural  College 189,  190 

o  furnish  truant  officer  with  list  of  teachers 

luties  of,  relative  to  distribution  of  laws,  etc 294,  295 

ibrarians  to  make  annual  report  to 

to  whom,  to  transmit  lists  of  libraries 309 

20 


154  INDEX. 


duty 
CO  UNI 


The  references  are  to  compiler's  sections. 

COUNTY  COMMISSIONER  OF  SCHOOLS— Continued: 

to  be  member  of  county  normal  board 313 

duty  of,  as  to  funds  for  county  normal  training  classes 317 

*"TTY  INSTITUTES: 

(See  Teachers'  Institutes.) 
COUNTY  NORMAL  BOARD: 

how  constituted,  duties,  etc 313,  314 

may  renew  certificates 315 

COUNTY  NORMAL  FUND: 

how  constituted,  etc 316 

COUNTY  NORMAL  TRAINING  CLASSES: 

how  established,  managed,  maintained,  etc 321-7 

COUNTY  TREASURER: 

statements  of  apportionment  filed  with 93,  139 

94 
94 
94 
113 

113,  118 
140 
210 


to  apply  to  State  Treasurer  for  certain  moneys 

township  moneys  to  be  paid  township  treasurer  by 

to  whom,  to  give  notice  of  apportionment  of  school  moneys. 

liability  of,  on  bond 

money  for  schoolhouse  site  deposited  with 

apportionment  of  library  moneys  to  be  made  by 

to  set  apart  institute  fees  as  institute  fund . . . 


teachers'  institute  fund  to  be  paid  by,  on  order  of  clerk 

vouchers  for  payment  at  teachers'  institutes  to  be  filed  with 

when  county  clerk  to  draw  order  on,  for  county  normal  training  classes 317 

COURSE  OF  STUDY: 

Superintendent  of  Public  Instruction  to  prepare  and  print 

who  to  prescribe  for  schools 58,  126 

Agricultural  College,  to  be  prescribed  for  district  schools 159 

State  Board  of  Education  to  prescribe,  for  Normal  schools 279 

who  may  prepare  and  publish  certain 292 

who  to  provide  for  rural  high  schools 300 

by  whom  approved 300 

for  county  normal  training  classes 314 

CRIMES  AND  OFFENSES: 
(See  Penalty.) 

D. 

DAMAGES: 

who  to  prescribe  penalty  for,  to  library  books 133 

to  be  collected  from  certain  officers  for  neglect  of  duties 149 

DANCE  HOUSES: 

children  not  permitted  in 226 

DAY  SCHOOLS  FOR  THE  DEAF: 

shall  be  established .319-324 

to  report  to  Superintendent  of  Public  Instruction 320 

duties  of  State  Treasurer  in  regard  to 321 ,  322 

system  to  be  used  in 323 

teachers  employed  in 323 

who  may  attend 324 

DEAF,  DUMB  AND  BLIND: 
institutions  for,  to  be  provided,  etc 13 

DEED: 

for  schoolhouse  site  to  be  obtained  before  building 51 

DELIVERY  OF   BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE: 

by  Superintendent  of  Public  Instruction 23 

by  district  officers 64,  69 

DEPUTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 
appointment  and  duties  of 18 

DIAGRAM : 


(See  Maps.) 
I  Ak 


DIPLOMAS: 

of  graduates  of  State  Normal  school 219,  250,  279 

DIRECTOR: 

notice  of  first  meeting  to  be  recorded  by 25 

to  keep  records  relative  to  organization  of  district 29 

to  be  notified  of  alterations  of  district 

appointment  of  clerk  in  absence  of 

election  and  term  of  office  of 44,  125,  192 

appointment  of,  in  case  of  vacancy 

record  of  acceptance  of  office  to  be  kept  by 

acceptance  of  office  of,  where  and  by  whom  filed 48,  125 

to  be  member  of  district  board 

register  of  school  to  be  furnished  to 

to  have  custody  of  schoolhouse,  etc 

to  file  certificate  of  instruction  in  physiology  with  township  clerk 

to  draw  and  sign  warrants,  orders,  etc * 

to  be  presented  to  moderator  to  be  countersigned 64 


to  give  notice  of  meetings 

account  of  expenses  to  be  kept  by 

schoolhouse  to  be  kept  in  repair  by 


64 
64 
64 

to  provide  appendages  for  schoolhouse 

to  present  estimates  at  annual  meetings 

accounts  of,  how  kept,  audited,  etc 64,  126 

to  be  clerk  of  district 64,  194 

census  list  to  be  filed  with  township  clerk  by - 

annual  school  census  to  be  taken  by 


INDEX.  155 


The  references  are  to  compiler's  sections. 

DIRECTOR— Continued: 

to  make  reports  to  inspectors 67 

reports  of,  to  be  filed  with  township  clerk 67 

of  fractional  district,  to  whom  to  report 68 

and  moderator  to  approve  bond  of  treasurer 69 

to  be  notified  of  apportionment  of  school  moneys 81 

and  moderator  to  certify  payments  to  supervisor 84 

at  election  to  issue  bonds,  to  be  member  of  board  of  inspection 95 

and  moderator  to  execute  bonds  of  district 96 

treasurer  to  certify  to,  judgment  against  district 102 

to  be  notified  of  site  fixed  by  inspectors 106 

penalty  for  neglect  to  accept  office  or  perform  duties 144 

may  be  removed  by  township  board 150 

to  furnish  teachers  with  census  list 219 

DISORDERLY  PERSONS: 

to  be  taken  into  custody 42 

juvenile,  who  to  constitute 222,  223 

DISTRIBUTION  OF  MONEYS: 
(See  Apportionment.) 

DISTRICT,  SCHOOL: 

(See  School  District.) 

DISTRICT  BOARD: 

to  call  meetings  of  district 38 

school  to  be  provided  by 43 

how,  may  determine  certain  matters,  when  meetings  fail 43,  199 

election  and  term  of  office  of 44,  124,  192 

vacancy  in,  what  to  occasion 45 

how  filled 46,  125,  195 

who  eligible  to  office  on 47 

acceptance  of  office  by  members 48,  125,  193 

who  to  constitute 49,  124,  192 

certain  books,  blanks,  etc.,  to  be  purchased  by 50 

when  may  sell  certain  property  of  district 51 

site  for  schoolhouse  to  be  leased  or  purchased  by 51,  198 

to  esti  mate  amount  for  support  of  schools 52 

to  report  taxes  to  be  assessed . .    53 

moneys  to  be  applied  by,  according  to  law 54 

not  to  pay  money  to  unqualified  teachers .54 


to  make  statement  of  finances  at  annual  meeting 

teachers  to  be  hired  by 

to  provide  for  water  supply 

when  t  o  exclude  public  meetings  from  schoolhouse 

to  have  care  of  schoolhouse  and  property 

to  pro  vide  for  instruction  in  physiology 

to  prescribe  text-books  and  courses  of  study 

to  purchase  books  for  indigent  pupils 

may  suspend  or  expel  disorderly  pupils 

to  establish  rules,  etc.,  for"  school 

to  classify  pupils. 


55,  202 

56,  126 

57 
57 
57 
58 
58 
59 
60 
GO,  198 

may  admit"  non-resident  pupils  to  school 62 

rates  of  tuition  tor,  how  fixed 62 

director  to  be  clerk  of 64,  194 

to  appoint  persons  to  take  school  census < 65,  198 

to  estimate  amount  necessary  for  sites  and  buildings 95 

when  may  issue  bonds 96 

to  apply  for  jury  in  suit  to  obtain  site 107 

to  be  trustees  in  graded  school  districts, 124-127 

district  library  to  be  managed  by ' 136-198 

may  donate  or  sell  books  to  township  library 142 

kindergarten  to  be  provided  by 160-3 

financial  statement  of  district  to  be  published  by 168 

United  States  Mag  to  be  provided  by 170 

to  be  trustees  in  township  school  districts 192 

qualifications  of  certain  teachers,  may  hire 3(  6 

duties  of.  as  to  teachers,  etc.,  for  county  normal  training  classes 316 

when  day  schools  lor  deaf  may  be  provided  by 319-324 

(See  District  Officers.) 
DISTRICT  LIBRARIES: 

(See  Libraries.) 
DISTRICT  MEETINGS: 

notice  of,  on  formation  of  new  district 25,  191 

when  annual,  to  be  held ? 37,  194 

when  special,  may  be  called 

notice  of,  to  indicate  the  business 38 

38,  39 
40 
41 
42 
43 
43 

powers  of  annual 43,  1 26 

when  clerk  and  chairman  may  be  appointed  at 43,  194 

what  board  to  determine  in  case  of  failure  of  certain 43,  199 

limit  of  taxes  that  may  be  voted  at 43 , 199 

officers  to  be  elected  at 44,  124,  192 

to  fill  vacancy  in  district  office 46 


notice  of,  what  to  specify 

who  eligible  voters  at 

relative  to  challenging  voters  at. . , 
penalty  for  disorderly  conduct  at. 
to  give  directions  regarding  suits. . 


to  direct  sale  of  property, 
powers  of  annual. . 


156  INDEX. 


The  references  are  to  compiler's  sections. 

DISTRICT  MEETINGS— Continued: 

board  to  make  financial  statement  to  annual 55 

to  determine  uses  of  schoolhouse 57 

moderator  to  preside  at 63 

proceedings  of,  to  be  recorded 64 

director  to  give  notice  of 64 

estimates  of  expenses  to  be  made  to  annual 64,  202 

may  vote  on  issuance  of  bonds 95 

may  vote  tax  to  pay  money  borrowed 97 

voters  at,  may  designate  site 106 

DISTRICT  OFFICERS: 

compensation  of 43,  64,  205 

election  and  term  of  office  of 44,  124,  192 

when  may  be  appointed 46,  125,  194 

who  eligible  to  election  as 47 

acceptance  of  office  of .48,  125,  193 

penalty  for  neglect  to  accept  office  or  perform  duties 144 

may  be  removed  by  township  board 150 

(See  Treasurer,  Director,  Moderator  and  District  Board.) 

DISTRICT  SCHOOLS: 
(See  Schools.) 

DISTRICT  TAXES: 
(See  Taxes.) 

DISTURBING  DISTRICT  MEETING  OR  SCHOOL: 

penalty  for 42,  60 

DIVISION  OF  DISTRICT: 

(See  School  District;  also  Township  Board  of  Inspectors.) 

DOG  TAX: 

apportionment  of,  surplus 243 

DRAWING  TEACHERS: 

act  to  define  qualifications  of 305-7 

E. 
EDUCATION: 

constitutional  provisions  relative  to 1-15 

EIGHTH  GRADE: 

providing  for  payment  of  tuition  and  transportation  of  pupils  who  have  completed 310 

of  State  officers,  when  held,  etc 1 

of  State  Board  of  Education 12 

40 

44,  125,  192 
...  46,  125 
47 
95 
176 
177 
227,  229 


who  legal  voters  at,  in  school  district 

when,  of  district  officers  held 

if  not  held,  inspectors  to  appoint  officers 

who  eligible  to,  in  school  district 

regulations  at,  to  vote  on  issuance  of  bonds 

of  members  of  C9unty  board  of  school  examiners. . . . 
of  county  commissioner  in  Chippewa,  when  held,  etc 
of  school  inspectors 


for  submitting  question  of  rural  high  schools,  where  held 

form  of  ballot  used  at 

of  school  trustees  in  cities  of  fourth  class 330 

ELECTORS: 

who  are  qualified 

when  question  of  rural  high  schools  submitted  to 297 

ELIGIBILITY  TO  OFFICE: 

in  school  districts 47 

EMPLOYMENT: 

of  teachers 56,  126,  161,  198 

of  persons  to  take  school  census 65 

of  officers,  etc 126 

ENGLISH  LANGUAGE: 

instruction  to  be  conducted  in 7 

ENUMERATOR    CENSUS: 

duty  of,  data  required • 65 

when,  guiltv  of  misdemeanor 66 

ENUMERATION  OF  CHILDREN: 

(See  Census.) 
EQUALIZATION  OF  TAXES: 

(See  Taxes.) 
ESTIMATES: 

of  amounts  to  be  raised  by  tax 52,  64,  199 

EVIDENCE: 

of  organization  of  district 

in  proceedings  to  obtain  site 1 07 

of  regularity  in  proceedings  to  remove  officers 150 

EXAMINATION: 

of  proposed  site  by  jury 

meetings  for.  of  teachers 

of  teachers  by  county  board  of  examiners 179,  180,  189 

questions  for,  of  teachers 180 


of  inspectors  reports  by  county  commissioner 

of  teachers  by  officers  in  certain  districts 

of  applicants  for  admission  to  Agricultural  College 

fees  to  be  collected  from  teachers  for 

of  teachers  by  State  Board  of  Education . . 


183 

188 

189,  190 

209 

258 

of  applicants" for  State  certificates 258 


INDEX.  157 


The  references  are  to  compiler's  sections. 

EXAMINERS: 

may  be  removed  for  lack  of  qualifications 17 

of  teachers  to  collect  fees 209 

to  pay  same  to  county  treasurer 210 

(See  County  Board  of  School  Examiners.) 

EXECUTION: 

not  to  issue  against  school  district 101 

EXPENSES: 

incidental,  estimated  by  board 52 

of  directors,  how  paid 64,  126 

estimates  of,  to  be  presented  at  annual  meeting 64,  202 

inspector's  limited 75 

of  commissioners  limited 185 

how  paid 185 

teachers'  institutes,  how  paid 213 

State  institute,  how  paid 215 

vouchers  for,  of  teachers'  institute,  where  filed • 216 

F. 

FEES: 

to  be  paid  by  teacher  on  obtaining  certificate 209 

disposition  of,  collected  by  director  and  secretary 210 

FEMALES: 

may  vote  at  school  district  meetings 40 

eligible  to  district  offices 47 

FINES: 

how  applied  for  breach  of  penal  laws •. 15 

for  disturbing  district  meeting 42 

for  disturbing  school 60 

on  census  enumerator  for  making  false  returns 66 

giving  false  information  to  census  enumerator 66 

for  damages  to  library  books 133 

apportionment  of,  for  breach  of  penal  laws 140 

(See  Penalties.) 

FLAGS' 

who  to  purchase  U.  S.,  for  schools 170 

FORFEITURES: 

(See  Penalties.) 

FORMATION: 

of  teachers'  associations 232-4 

of  districts.     (See  School  Districts  and  Township  Board  of  Inspectors.) 

FORM  OF  OATH: 
of  challenged  voter 41 

FORMS,  BLANK: 

sections 331-308 


(See  Appendix.)^ 


FOURTH  CLASS  CITIES: 

to  constitute  single  school  district 329 

board  of  education  in,  of  whom  to  consist,  elections,  etc 330 

FRACTIONAL  DISTRICTS: 

(See  School  Districts;  also  Township  Board  of  Inspectors.) 

FREE  SCHOOLS: 

to  be  provided ' 7,  191 

FREE  TEXT-BOOKS: 

(See  Text-Books.) 

FUNDS: 

educational 5,  6 

library 15 

teachers'  institute 210 

of  associations  for  establishing  loan 284 

for  maintaining  day  schools  for  the  deaf 321 

G. 
GAMBLING: 

children  not  permitted  in  rooms  used  for ' 226 

GRADED  SCHOOL  DISTRICTS: 

annual  meeting  of 37 

notice  of  intention  to  organize 124,  128 

•    ~  124,  128 

125 


election  and  term  of  office  of  trustees  of. 

officers  of,  to  be  elected  by  trustees 

powers  and  duties  of  trustees 

not  limited  to  nine  sections  of  land 

consent  of  trustees  to  be  obtained  to  alteration  of  boundaries . 


125,  126 
127 
127 


two  or  more  contiguous  districts  may  organize 128 

change  of,  to  primary  district 129 

publication  of  financial  statement  of 168 

(See  School  Districts.) 

GRADES  OF  CERTIFICATES: 

of  teachers 181 

GRADING: 

of  pupils  not  prevented  in  any  district '        61 

in  graded  school  districts 1 26 


158  INDEX. 


The  references  are  to  compiler's  sections. 

HIGH  SCHOOLS: 

may  be  established  in  certain  districts 126 

act  to  establish  rural .   297-304 

providing  for  payment  of  tuition  and  transportation  to,  of  certain  pupils  310 

(See  Graded  School  Districts.) 

I. 

INCIDENTAL  EXPENSES: 

estimated  by  district  board ; 

INDEBTEDNESS: 

of  districts 95 

(See  Bonds.) 

INDIANS: 

when  children  of,  not  included  in  census C5 

INHABITANTS,    TAXABLE: 

(See  Taxable  Inhabitants.) 

INSPECTION,  BOARD  OF: 

(See  Board  of  Inspection.) 

INSPECTORS,  BOARD  OF  SCHOOL: 

(See  Township  Board  of  School  Inspectors.) 

INSTITUTE: 

(See  Teachers'  Institutes.) 

INSTITUTIONS: 

for  deaf,  dumb  and  blind  to  be  provided 13 

INSTRUCTION: 

to  be  conducted  in  the  English  language 7 

who  to  have  general  supervision  of 17 

INSURANCE  MONEYS: 

how  used 257 

INTEREST: 

apportionment  of,  on  State  funds 5,  6,  20 

on  bonds  limited 96 

tax  may  be  voted  to  pay 97 

on  judgment  against  district 105 

on  moneys  lost  by  certain  officers .  146,  147 

IRON  COUNTY: 

act  for  organization  of  school  districts  in  U.  P.  not  to  apply  to 207 

JOINT  MEETINGS: 

of  township  boards  of  school  inspectors 27 

of  township  boards .  121,  206 

JUDGE  OF  PROBATE: 

to  participate  in  filling  vacancy  in  board  of  examiners. . .  176 

JUDGMENTS: 

assessment  of  taxes  for  payment  of 86 

and  suits  against  school  districts,  sections  relative  to 99-105 

execution  not  to  issue  on 101 

when  rendered  in  proceedings  to  obtain  site. . .  112 

JURISDICTION: 

ices  to  have,  in  action  against  districts 99 


justic 
JURY: 


board  may  apply  for,  In  proceedings  to  obtain  site 107-111 

JUSTICES  OF  PEACE: 

to  hear  cases  under  compulsory  education  act 220 

proviso,  as  to  cities 220 

JUVENILE  DISORDERLY  PERSONS: 

penalty  for  failure  of  parent  or  guardian  to  send,  to  school 219 

to  be  sent  to  ungraded  schools 221,  222 

who  deemed,  or  truants 222,  223 

proceedings  against  parents  of,  for  neglect  of  duty 220 

"K" 

KINDERGARTEN: 

duty  of  district  boafd  relative  to 160 

qualifications  of,  teachers 161,  305-7 

children  entitled  to  attend 162 

act  to  apply  to  other  schools 163 

L. 
LABOR: 

act  to  secure  payment  to  subcontractors  for 325-8 

LAND: 

limit  of  tax  on,  for  building  schoolhouse 43 

when  not  taxed  for . .  . . . 43 

proceedings  to  obtain,  for  schoolhouse  site 107-120 

LAWS,  DOCUMENTS,  ETC.: 

rules  and  regulations  for  libraries,  course  of  study,  who  to  print  and  distribute 19 

duty  of  commissioners  and  county  clerk  in  distributing 294,  295 

LEASE: 

for  schoolhouse  site,  who  to  secure,  length  of,  etc 51 

LEGISLATURE: 

to  provide  for  free  schools 7 

agricultural  school 14 

libraries  to  be  provided  by 15 

certain  fines  to  be  applied  io..-« I  [   15 


INDEX.  159 


The  references  are  to  compiler's  sections. 

LIABILITIES: 

of  board  of  school  inspectors  for  neglect  to  report 146 

of  township  clerk 146 

of  county  clerk 147 

of  supervisor  in  regard  to  district  taxes 149 

of  district  officers  to  removal 150 

debts  and,  when  assumed  by  township  district 203 

of  parent  or  guardian  for  failure  to  send  child  to  school 219 

(See  Penalties.) 
LIBRARIAN: 

township,  when  and  by  whom  appointed,  duties,  etc 134 

LIBRARIES: 

establishment  of 15 

penal  fines  to  be  applied  to  funds  for 15,  140 

rules  for,  by  whom  made * 19.  133 

funds  for,  expended  by  inspectors  to  be  accounted  for  to  township  board 74 

by  and  to  whom  paid 90 

provisions  relative  to 130,  142 

inspectors  to  apply  for,  funds 132 

books  for  township,  by  whom  purchased 132.  198 

care  of,  etc.,  who  to  have 133 

librarian  of  township,  by  whom  appointed,  duties,  etc 134 

where  kept 134 

when  school  district  may  establish 135 

entitled  to  books  and  moneys 135 

township  inspectors  to  report  statistics  of 137 

funds  for,  when  forfeited 138 

proviso  as  to  non-forfeiture 138 

Superintendent  of  Public  Instruction  to  furnish  statement  of  townships,  etc.,  entitled 

to 139 

apportionment  of 139,  140 

tax  for  support  of.  how  levied,  collected,  etc 141 

district  board  may  sell  or  donate,  books  to  township ' 142 

school  officers  not  to  act  as  agents  for,  books 151 

librarians  to  report  to  school  commissioner 308 

to  whom,  to  transmit  list 309 

LIBRARY  COMMISSIONERS: 

(See  State  Board  of  Library  Commissioners.) 
LIMIT  OF  INDEBTEDNESS: 

(See  Bonds.) 
LIMIT  OF  TAXES: 
(See  Taxes.) 
LIQUORS: 

minor  children  not  permittedjwhere,  are  sold 226 

M. 

MANAGEMENT  OF  SCHOOLS: 

(See  District  Board;  also  Regulations.) 

MAPS: 

of  townships  showing  boundaries  of  districts,  by  whom  made,  where  filed,  etc 78 

MATERIAL: 
act  to  insure  payment  of  subcontractors  for 325-8 

MEETINGS: 

joint,  of  school  inspectors  of  several  townships 27,  206 

when  schoolhouse  used  for  public 

number  of,  board  of  inspectors  may  hold • 75 

of  township  boards  in  cases  of  appeal 121,  123 

for  election  of  school  examiners 176 

for  examination  of  teachers,  when  and  where  held 179,  180 

of  board  of  education .^ » 194 

of  board  of  trustees  of  rural  high  schools,  when  held,  etc 300 

special,  by  whom  called • 300 

(See  District  Meetings.) 

MEMBERS: 

of  State  Board  of  Education 

of  district  board,  who  to  constitute 49 

of  township  board  of  school  inspectors,  election,  meetings,  etc.,  of 70,  227 

who  to  be  treasurer  of 70 

number  of.  of  board  of  trustees'in  graded  school  districts 124,  192 

term  of  office 124 

of  board  of  county  school  examiners,  by  whom  appointed,  etc 176 

vacancy,  how  filled 176 

term  of  office ; 176 

MISDEMEANOR: 

when  census  enumerator  guilty  of  a .- 66 

officers,  teachers,  etc.,  interested  as  agent  for  publishers  deemed  a 151 

when  parents  deemed  guilty  of  a 219 

MODERATOR: 

to  give  oath  to  challenged  voter 

chairman  at  district  meetings 43,  194 

election  of,  term  of  office,  etc 44 

appointment  of,  to  fill  vacancy 46 

acceptance  of  office,  where  filed 48 

to  be  member  of  district  board 

treasurer  and.  to  audit  and  pay  accounts  of  director « 

and  director  to  approve  bond  of  treasurer 69 


160  INDEX. 


The  references  are  to  compiler's  sections. 

MODERATOR— Continued: 

penalty  for  neglect  to  perform  duties 

may  be  removed  by  township  board , 150 

(See  District  Board.) 
MONEYS: 
primary  school  fund,  what  to  constitute 5,6 

when  withheld  from  certain  districts ~ 

derived  from  penal  funds,  disposition  of 15,  40 

apportionment  of  by  Superintendent  of  Public  Instruction 20-22 

of  primary  school  interest  fund 20,  22,  80,  94 

of  districts,  when  dividing,  how  apportioned 35,  36,  206 

surplus  of,  from  one-mill  tax,  how  apportioned 

districts  entitled  to  receive  primary  school  interest  fund 43,  73 

entitled  to  receive  certain 43,  73,  83 

when  board  may  borrow,  in  certain  cases .» 

primary  school  interest  fund,  to  be  used  only  for  teachersT  wages 

not  to  be  paid  teachers  not  having  certificate 

sectarian  schools  barred  from  public 

district  board  to  apply  school,  according  to  law 

to  make  report  of,  at  annual  meeting 55,  202 

orders  for  certain,  by  whom  drawn  and  signed 64 

treasurer  to  keep  report  of 69 

disposition  of,  collected  on  bond  of 69 

collected  on  bond  of  chairman  of  board  of  inspectors,  how  applied 

not  to  be  appropriated  to  districts  employing  unqualified  teachers 

inspectors,  to  whom  to  render  account  of 

apportionment  of,  to  districts  by  township  clerk 80,  81,  199 

raised  for  school  tax,  how  apportioned 

duties  of  township  treasurer  relative  to  collecting  school 82,  86,  91 

relative  to  paying 89,  91,  198 

accrued  from  one-mill  tax,  how  used 

paid  by  old  districts  to  new.  how  applied 

school,  to  be  paid  next  to  township  expenses 89 

payment  of,  to  fractional  districts 

county  treasurers  to  apply  for,  appropriated 

tp  notify  township  clerk,  etc 

limitations  as  to  districts  borrowing 95 

when,  for  site  deposited  with  cpunty  treasurer 113,  118 

school  inspectors  t9  apply  for  library 

library,  when  forfeited 

proviso  as  to  non-forfeiture 

statement  of  townships  to  receive,  where  filed,  etc 

apportionment  of 

how  used 

apportionment  of,  collected  on  account  of  neglect  of  officers 

officers  illegally  using,  to  be  removed 

who  to  apply  for,  appropriated  for  primary  schools  and  libraries 

public,  definition  of 

to  be  kept  separate  from  other  funds 

how  used 

interest  on,  what  to  constitute 

public  officer  not  to  receive  consideration  for  depositing 

act,  not  to  exempt  from  prosecutions  under  general  law 

penalty  for  illegal  payment  of 

disposition  of  insurance 

board  of  trustees  of  rural  high  schools  may  borrow 

(See  Taxes.) 
MONTH,  SCHOOL: 

of  what  to  consist 56 

MUSIC  TEACHER:                                                                           • 
act  to  define  qualifications  of 305-7 

N. 
NAME: 

and  style  of  school  district 

NEGLECT: 

penalty  for,  of  taxable  inhabitant  to  serve  and  return  notice 

of  district  officers  to  perform  duties 144,  169 

liability  of  inspectors  for,  to  report,  etc 

of  township  clerk 

of  county  clerk  for  not  transmitting  reports 

of  supervisor  and  township  clerk  in  regard  to  taxes 

of  parent  or  guardian  to  send  child  to  school  a  misdemeanor 

NINE-PINS: 

children  not  permitted  where,  are  played 

NON-RESIDENT: 

when  may  be  attached  to  district 

admission  of,  pupils,  tuition,  etc 

NORMAL  SCHOOLS: 

State  Board  of  Education  to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in 

(See  State  Normal  School.) 
NORMAL  SCHOOL  FUND: 

origin  of 

who  to  have  care  of 

NORMAL  SCHOOL,  WESTERN: 

(See  Western  State  Normal  School.) 


INDEX.  161 


The  references  are  to  compiler's  sections. 

NORMAL  TRAINING  CLASSES: 

act  to  establish 312-18 

(See  County  Normal  Training  Classes.) 

NORTHERN  STATE  NORMAL  SCHOOL: 

act  to  establish 266-71 

NOTICE: 

Superintendent  of  Public  Instruction  to  give,  of  apportionment  of  primary  school  fund.  .  .     20,  139 

duty  of  taxable  inhabitant  on  receipt  of,  of  formation  of  district 25 

of  first  meeting  in  new  district 25,  191 

by  township  clerk  when  new  district  fails  to  organize 

of  meeting  of  inspectors  to  form  fractional  districts 

to  alter  boundaries 

of  special  meetings  of  district  board,  when  and  how  given 

of  district  meetings,  to  be  given'by  director 39,  64 

of  township  clerk  to  supervisors  of  school  taxes 79,  199 

who  to  give,  to  directors  of  moneys  to  be  appropriated 

of  apportionment  of  moneys  to  districts,  to  whom  given 

of  supervisor  and  treasurer  of  taxes  assessed 85-87 


treasurer  to  give,  of  money  in  his  possession. . .  . 
county  treasurer  to  give,  of  moneys  apportioned 

of  meeting  of  district  to  borrow  money 

in  proceedings  to  obtain  site,  how  given 

of  meeting  to  organize  as  graded  school  district. 


90,  201 
94 
98 
109 
124 


of  township  board  of  proceedings  to  remove  officer • 

teachers'  examinations,  how  given ' 

to  teacher  of  intention  to  revoke  certificate 182 

to  parent  or  guardian  of  non-attendance  of  child  at  school,  by  whom  given 219-20 

teachers'  associations,  of  formation  of,  how  given 

subcontractor  to  give  written,  what  to  state,  etc 326 

O. 
OATH: 

deputy  superintendent  of  public  instruction  to  take 

tendered  to  challenged  voter  at  district  meeting 

false,  deemed  perjury 41 

to  be  taken  as  to  C9rrectness  of  census  list 65 

of  juror  in  proceedings  to  obtain  site Ill 

of  office,  members  of  board  of  school  examiners  to  take 176,  177 

OFFICE: 

term  of,  of  State  officers,  when  to  begin,  etc 

of  regents  of  University 9 

vacancy  in,  how  filled 9 

State  Board  of  Education 12 

of  district  officers 44,  124,  192 

acceptance  of,  to  be  filed 49,  125,  193 

removal  of  officers  from 150 

term  of,  of  board  of  school  examiners 176 

of  inspectors '          229 

of  trustees  of  associations  establishing  loan  funds  for  students 283 

of  library  commissioners 287 

OFFICERS: 

having  charge  of  records  to  furnish  facilities  for  examination 50 

(See  Names  of  the  Several  Officers.) 
ONE-MILL  TAX: 

surplus  from,  how  applied 43 

assessment,  collection  and  disposition  of 83 

(See  Taxes.) 
ORAL  METHOD: 

to  be  taught  in  day  schools  for  deaf 323 

ORDERS: 

on  treasurer  to  be  countersigned  by  moderator 63 

to  be  drawn  and  signed  by  director 64 

to  be  paid  from  proper  funds 69 

of  inspectors  on  township  treasury  for  library  moneys 132,  198 

(See  Warrants;  also  Moneys.) 
ORGANIZATION: 

formation,  etc.,  of  new  districts 24-29 

of  graded  school  district 124-129 

of  township  school  districts  in  upper  peninsula 191-206 

(See  School  Districts;  also  Township  Board  of  School  Inspectors.) 

P. 
PARENTS  AND  GUARDIANS: 

entitled  to  vote  at  district  meetings 40 

217 

219 


required  to  send  children  to  school 

duties  of  truant  officers  relative  to 


liability  for  not  sending 219 

proceedings  against 220 

PENALTIES  AND  FORFEITURES: 

not  maintaining  three  months'  school 8 

district  for  not  maintaining  certain  length  of  school 43,  83,  198 

census  enumerators  for  making  false  returns 66 

giving  false  information  to  census  enumerator 66 

damages  to  library  books 133 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district 143 

district  officers'  neglect  to  accept  office  or  perform  duties -. 144 

21 


162 


INDEX. 


The  references  are  to  compiler's  sections. 

PENALTIES  AND  FORFEITURES— Continued: 

inspectors  for  neglect  of  duties,  etc 145 

for  not  making  reports,  etc 145 

township  clerk,  for  neglect  in  transmitting  reports , 146 

county  clerk,  for  not  transmitting  reports 147 

moneys  collected  for,  how  applied 148 

supervisor  and  clerk's  neglect  regarding  taxes 149 

neglect  to  teach  prevention  of  diseases 165 

district  officers,  for  not  publishing  financial  statement 169 

not  purchasing  U.  S.  Hag 170 

parent  or  guardian  not  sending  children  to  school 219 

for  allowing  children  to  remain  in  saloons,  etc 226 

illegal  payment  of  public  moneys 242 

PERJURY: 

what  deemed 41 

PHYSIOLOGY  AND  HYGIENE: 

to  be  taught  in  all  public  schools ' 58 

certificates  of  instruction  in,  where  filed,  etc 58 

penalty  for  failure  of  district  board  to  comply  with  statute 58 

district  board  to  adopt  text-books 58 

by  whom  approved,  etc 58,  153   259 

POLL  LIST: 

to  be  kept  when  voting  on  issuance  of  bonds 95 

POOR  CHILDREN: 

to  be  furnished  with  text-books '  59 

PRESIDENT: 

of  University 11 

PRIMARY  SCHOOLS: 
(See  Schools.) 

PRIMARY  SCHOOL  INTEREST  FUND: 

constitutional  provisions  respecting 5,  6 

three  months'  school  to  be  maintained  to  secure 

apportionment  of 20 

proceedings  in  case  of  defective  returns  of 

when  deficiency  may  be  apportioned 

time  school  to  be  maintained  to  secure 

to  be  used  only  for  teachers'  wages 

how  apportioned  to  districts 80,  194 

county  clerk's  duties  relative  to 

county  treasurer's  duties  relative  to 94 

PROCEEDINGS: 

against  school  district 99-105 

to  obtain  schoolhouse  site 106-20 

in  case  of  incumbrances 

upon  appeal  from  action  of  inspectors 121-1 

for  removal  of  officers 150 

PROPERTY: 

when  inspector  may  sell  district 

to  be  apportioned  on  division  of  district 35,  36 

when  sale  of  district,  may  be  directed  by  voters 

care  and  preservation  of  district 57,  126 

disposition  of,  in  forming  township  districts 

to  be  apportioned  on  division  of  township 

of  teachers'  associations 

PROSECUTIONS: 

(See  Actions.  Proceedings,  Suits.) 

PUBLIC  BUILDINGS: 

act  insuring  payment  of  subcontractors  in  repairing,  etc 

PUBLICATION: 

of  financial  statement  by  school  board 

PUBLIC  INSTRUCTION: 

(See  Superintendent  of  Public  Instruction.) 

PUBLIC  LIBRARIES: 
(See  Libraries.) 

PUBLIC  MEETINGS: 

when  may  be  admitted  to  schoolhouse 

PUBLIC  MONEYS: 

(See  Moneys.) 

PUPILS: 

when  may  be  suspended  or  expelled 

who  may  be 

classification  of 61,  1^ 

admission  of,  to  schools 61,  62,  126,  162 

tuition  of  non-resident 

admission  of,  to  Normal  school 

providing  for  payment  of  tuition  and  transportation  of  certain 

PURCHASE: 

who  to,  record  books  for  district 

of  site,  for  schoolhouse 51,  11 

who  to,  books  for  poor  children 

of  appendages  for  schoolhouse 

of  books  for  library ' 

Q. 
QUALIFICATIONS: 

of  voters  at  district  meetings 


INDEX.  163 


The  references  are  to  compiler's  sections. 
QUESTIONS: 

of  examination  for  teachers 180 

R. 

REAL  ESTATE: 

board  of  trustees  of  rural  high  schools  may  hold 300 

RECORD: 

director  to  keep,  of  proceedings 25,  64 

director's,  to  be  evidence  of  organization  of  district 29 

who  to  keep,  of  acceptances  of  office 48 

who  to  provide,  books  for  proceedings  of  district  meetings 50 

officers  having  charge  of,  to  furnish  facilities  for  examination 50 

of  report  of  taxes  to  annual  meeting 55,  202 

teacher  to  keep,  of  pupils 56 

where,  of  inspectors  to  be  kept 76,  196 

to  be  kept  of  consent  of  trustees  in  alteration  of  graded  school  district 127 

who  to  keep,  of  removals  from  office 150 

of  certificates  granted  to  teachers,  who  to  keep 183 

who  to  keep,  of  examinations  held  by  board  of  school  examiners 183 

REGENTS: 

of  the  University,  how  elected,  etc 9,  10 

may  grant  certain  certificates 172 

REGISTER: 

of  school  to  be  kept  by  teacher 56 

REGULATIONS: 

for  government  of  schools 60,  198 

at  elections  to  vote  on  issuance  of  bonds 95 

for  government,  etc.,  of  libraries 133 

REMOVAL: 

of  certain  officers  by  governor 17 

from  district  to  vacate  office 45 

of  schoolhouse  from  leased  site 51 

of  officers  in  graded  school  district 125 

of  officers  by  township  board 150 

REPAIRS: 

(See  Schoolhouses.) 

REPORT: 

Superintendent  of  Public  Instruction  to  make  annual,  to  Governor 17 

district  board  to  make,  to  annual  meeting 55,  202 

directors  to  make  annual,  to  inspectors 67 

of  director,  where  filed 67,  76 

of  director,  to  whom  made  in  fractional  districts 68 

inspectors  to  make,  to  county  clerks 72,  137,  197 

forfeiture  for  false,  of  director 73 

inspector  to  make,  to  township  board,  of  finances 74,  202 

who  township  clerk  to,  to  of  taxes  to  be  assessed 79,  199 

township  clerk  to  make  certain,  to  treasurer  and  director 81 

supervisor  to,  taxes  assessed  to  township  treasurer.    86 

township  clerk's  duties  relative  to,  of  inspectors 93 

liability  of  officers  for  failure  to  make 146,  147 

to  whom  academies,  etc.,  to  make 171 

county  commissioner  of  schools  to  make 183 

chairman  of  board  of  school  inspectors  to  make 184 

State  Board  of  Education  to  make,  to  legislature 253 

publication,  etc.,  of,  of  Superintendent  of  Public  Instruction 292,  294,  295 

board  of  trustees  of  rural  high  schools  to  make  certain 300 

board  maintaining  day  schools  for  deaf,  to  make 319 

REQUEST: 

to  call  special  meetings 38,  196 

RESIDENTS: 

notified  of  first  meeting  in  school  district 25 

qualifications  of,  to  vote  at  district  meetings 40 

ceasing  to  be,  vacates  office 45 

rights  of,  to  attend  school 61 

exceptions  of,  in  school  census 65 

RETURN : 

of  notice  of  first  meeting  on  organization  of  district 25 

REVOCATION  OF  TEACHERS'  CERTIFICATE: 

by  board  of  school  examiners 182 

by  State  Board  of  Education 249,  250,  258 

RULES: 

(See  Regulations.) 

RURAL  HIGH  SCHOOLS: 

an  act  to  establish , 297-304 

when  question  of,  submitted  to  electors 

board  of  trustees  of,  when  and  how  elected 299 

term  of  office 299 

duties 300 

S. 
SALE  OF  PROPERTY: 

when,  made  by  inspectors 

to  be  directed  by  district 43 

when,  made  by  district  board 51 

SALOON: 

children  not  permitted  in,  gambling  houses,  etc 226 

SCHOLARS: 

(See  Pupils.) 
22 


164  INDEX. 


The  references  are  to  compiler's  sections. 

SCHOOL: 

to  be  free 7,  191 

to  be  maintained  at  least  three  months 8 

agricultural,  to  be  provided 14 

time  necessary  to  be  maintained 43,  198 

who  to  fix  minimum  length  of  time  of 43,  198 

who  to  estimate  and  vote  taxes  for  support  of 52,  199 

not  to  be  sectarian 54 

register  of,  to  be  kept  by  teachers 56 

district  board  to  prescribe  text-books  for 58 

pupils  may  be  suspended  or  expelled  from 60 

penalty  for  disturbing ; 60 

district  board  to  establish  regulations  for 60,  198 

resident  pupils  admitted  to 61 

not  to  be  separated  on  account  of  race 61 

may  be  graded 61,  126 

admission  of  non-resident  pupils  to 62 

statistics  of,  to  be  reported  by  director 67 

visitation  and  examination  of 183 

children  of  certain  ages  required  to  attend 

when  ungraded,  to  be  established 221 

children  attending,  not  permitted  in  saloons,  etc 226 

training,  in  connection  with  State  Normal 

persons  desiring  to  teach,  with  whom  to  file  certificate 261 

who  to  publish  course  of  study,  etc.,  for  certain 292 

act  to  establish  rural  high. . .  , 297-304 

board  of  trustees  of  rural  high,  to  visit 300 

in  cities  of  fourth  class,  board  of  education,  etc 329-30 

SCHOOL  BOARD: 

(See  District  Board.) 

SCHOOL  BOOKS: 

(See  Text-books.) 

SCHOOL  CENSUS: 

when  and  how  taken 65 

SCHOOL  DISTRICTS: 

of  what  composed 

to  be  numbered  by  inspectors 

not  to  contain  more  than  nine  sections  of  land 

formation  of 24-9 

formation  of  fractional 

when  deemed  legally  organized 

corporate  powers  of 

name  and  style  of 

when  consent  of  taxpayers  to  be  obtained  to  alteration  in 

when  persons  outside  may  be  attached 

alterations  to  be  reported  to  director 

division  of  property  in  forming  new,  from  old 

meetings  of,  when  held,  etc 37-43,  194 

may  borrow  money  in  certain  cases 

who  to  make  annual  report  of 55,  202 

who  to  appear  in  suits  for  or  against 

not  to  receive  moneys  when  hiring  unqualified  teachers 

map  showing  boundaries  to  be  made 78 

moneys  to  be  apportioned  to 80,  81 

when  moneys  paid  by  old,  t9  new 

levy  and  collection  of  taxes  in  fractional 

may  borrow  money  for  sites  and  buildings 

may  borrow  money  to  pay  indebtedness 

may  vote  to  pay  money  borrowed 

suits  and  judgments  against 

judgments  against  fractional ,010 

appeal  from  inspectors'  action  in  forming,  etc 121- 

what  districts  may  organize  as  graded 124»/ 

organization,  etc.,  of  graded tn 

change  of,  from  primary  to  graded . .- 1^9 

township  organization  of ! 

act  for  organization  of,  in  Upper  Peninsula  not  to  apply  to  Iron  county 

who  to  provide  course  of  study,  etc.,  for 

providing  for  transportation  of  certain  pupils  in 

officers  of,  to  require  bond  to  insure  payment  of  subcontractors 

cities  of  fourth  class,  to  constitute  single 

board  of  education,  election,  etc 

SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 

SCHOOL  FUNDS: 

(See  Moneys.) 

SCHOOLHOUSES: 

when  certain  persons  not  liable  to  tax  for  building -  { 

not  needed  may  be  sold 3o,  43,  51 

building  committee  may  be  appointed 

district  to  vote  tax  for  appendages  to 

district  to  direct  the  procuring  of 

when  land  not  to  be  taxed  for  building 

tax  for  repairing  limited 

repairs  to,  who  to  make,  etc •  •  .  *£ 

site  for,  to  be  purchased  or  leased 4d-  D1«  iv 


INDEX.  165 


The  references  are  to  compiler's  sections. 

SCHOOLHOUSES— Continued : 

tax  for  building,  limited 43,  199 

board  to  procure 51,  198 

district  board  to  have  care,  etc.,  of 57 

when  open  or  closed  for  public  meetings 57 

director  to  provide  appendages  to 64 

limitation  of  indebtedness  to  build 95 

bonds  may  be  issued  to  build 95 

SCHOOLHOUSE  SITES: 

(See  Sites  for  Schoolhouses.) 

SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 

SCHOOL  LIBRARIES: 
(See  Libraries.) 

SCHOOL  MONEYS: 
(See  Moneys.) 

SCHOOL  MONTH: 

of  what  to  consist 56 

SCHOOL  OFFICERS: 

not  to  be  interested  in  any  contract  with  district 151 

SCHOOL  PROPERTY: 
(See  Property.) 

SCHOOL  RECORDS: 

officers  having  charge  of,  to  furnish  facilities  for  examination 50 

SCHOOL  TAXES.) 
(See  Taxes.) 

SCHOOL  TEACHERS: 
(See  Teachers.) 

SCHOOL  TRUSTEES: 

in  cities  of  fourth  class,  election,  etc 330 

SCHOOL  YEAR: 

when  to  commence 37 

SCHOOLS  FOR  DEAF: 

act  establishing  day 319-24 

SECRETARY: 

of  board  of  trustees  of  rural  high  schools  to  make  certain  reports,  and  salary 301 

SECTARIAN  SCHOOLS: 

not  to  receive  public  moneys 54 

SHERIFF: 

to  remove  respondent  from  school  property 115 

SITES  FOR  SCHOOLHOUSES: 

when  not  needed  may  be  sold 35,  51 

notice  of  meeting  to  change 39 

voters  to  direct  procuring  of 43 

lease  or  purchase  of 43,  51,  198 

issuance  of  bonds  for  purchase  of 95 

how  designated 106 

to  be  selected  by  a  two-thirds  vote 106 

proceedings  to  obtain 106-20 

compensation  for,  how  determined  in  certain  cases Ill 

claims  against,  settled  by  circuit  judge 117 

SPECIAL  ELECTIONS: 

when  questions  of  rural  high  schools  decided  at 297 

where  held 298 

form  of  ballots  used  at 298 

SPECIAL  MEETINGS: 

(See  District  Meetings.) 

STATE  BOARD  OF  EDUCATION: 

constitutional  provisions  for 12 

to  grant  certificates  to  graduates  of  colleges 173 

may  refuse  to  accept  certain  diplomas 175 

to  be  a  body  politic .' 244 

powers  and  duties  of 244 

regarding  State  Normal  school 246-54 

members  of,  not  to  act  as  agent 247 

to  grant  diplomas  to  graduates  of  State  Normal  school 249,  250 

to  make  report  to  legislature 253 

to  grant  State  certificates  to  teachers 258 

persons  desiring  to  teach,  with  whom  to  file  certificates  approved  by 261 

powers  and  duties  regarding  Central  Michigan  Normal  school 262-4 

powers  and  duties  regarding  Northern  State  Normal  school 266-271 

to  procure  site  for  Western  State  Normal  school 273 

to  have  control,  etc.,  of 276 

to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in  Normal  schools 279 

STATE  BOARD  OF  HEALTH: 

to  furnish  data  regarding  communicable  diseases 164 

STATE  BOARD  OF  LIBRARY  COMMISSIONERS: 

appointment  and  term  of  office  of 287 

who  to  constitute 287 

vacancies  in,  how  filled 287 

reports  of,  to  whom  made,  etc 288 

duties  of 288,  289 

expenses  of,  limited 290 

fund  for  use  of 291 

county  commissioner  of  schools  to  transmit  list  of  libraries  to 309 


166  INDEX. 


The  references  are  to  compiler's  sections. 

STATE  CERTIFICATES: 

to  be  granted  to  graduates  of  certainrcolleges 173 

when  granted  to  graduates  of  State  Normal  school 249,  250 

when  granted  by  State  Board  of  Education 258 

STATE  INSTITUTIONS: 

certain,  to  be  under  supervision  of  Superintendent  of  Public  Instruction. .  17 

STATE  NORMAL  SCHOOL: 

to  be  under  care  of  State  Board  of  Education 12 

professional  instruction  in 246 

training  school  in 248 

diplomas  and  certificates  to  graduates  of 249.  25ft 

an  act  to  change  the  name  of 265 

STATE  OFFICERS: 

election  and  term  of  office  of 1_3 

STATE  TEACHERS'  INSTITUTE: 

to  be  held  annually 215- 

expenses  of,  how  paid 

STATE  TREASURER: 

to  reimburse  district  maintaining  day  school  for  deaf 321 

STATEMENT: 

board  of  trustees  of  rural  high  schools  to  publish  certain 300 

(See  Notices  and  Reports.) 

STUDENT: 

minor  child  who  is,  not  permitted  in  saloon,  etc 22& 

STUDIES: 

to  be  prescribed 58 

SUBCONTRACTORS : 

act  insuring  payment  of S25-2& 

SUITS : 

may  be  brought  for  or  against  district 30 

directions  given  by  meeting  in  regard  to 43 

treasurer  to  appear  for  district  in 69 

on  treasurer's  bond 69 

when  moderator  may  appear  in,  for  district 69 

on  bond  of  chairman  of  board  of  inspectors 71 

jurisdiction  of  justices  in 99 

and  judgments  against  district 99-105 

summons  in,  served  on  treasurer 10Q 

not  brought  to  collect  judgment 101 

for  collection  of  fines,  etc .  147   I5(y 


(See  Actions,  Judgments  and  Proceedings.) 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 


where  office  of,  shall  be  kept 1 

election  and  term  of  office  of 1,2 

vacancy  in  office  of,  how  filled 3 

duties  of 4 

to  be  a  member  and  secretary  of  State  Board  of  Education 12 

to  have  general  supervision  of  public  instruction 17 

make  annual  reports  to  legislature 17 

visit  State  institutions,  etc 17 

may  request  removal  of  county  commissioner  of  schools 17 

appoint  a  deputy 18 

to  prepare  and  print  general  course  of  study 19 

to  prepare  rules  for  management  of  libraries 19 

duties  relative  to  apportionment  of  primary  school  moneys 20,  22 

to  deliver  books,  etc.,  to  successor 23 

incorporated  academies  to  report  to 171 

forms  of  teachers'  certificates  to  be  prepared  by 180 

questions  for  examinations  of  teachers  to  be  prepared  by 180 

to  send  examination  questions  to  examining  officers 180 

prescribe  form  of  rules  for  b9ards  of  school  examiners 181 

annual  county  teachers'  institutes  to  be  held  by 

may  appoint  conductors  of  teachers'  institutes 212 

when,  may  draw  on  State  Treasurer  for  aid  to  teachers'  institutes 

expenses  for  State  institutes,  how  drawn  by 215 

may  prepare  certain  courses  of  study,  etc 292 

who  to  distribute  report  of 292 

to  prescribe  forms  for  publication  and  distribution  of  report 292,  294,  295 

to  approve  course  of  study  for  rural  high  schools - 300 

board  of  trustees  of  rural  high  schools  to  make  certain  report  to 300 

endorsement  of,  of  certain  schools  required 305 

may  grant  kindergarten,  drawing,  etc.,  certificates 305-6 

when  may  grant  permission  to  establish  county  normal  training  classes 

to  be  member  of  county  normal  board 

to  prescribe  form  of  certificate  of  graduation  from  county  normal  training  classes 

duty  of,  relative  to  establishment  of  day  schools  for  deaf 319-24 

SUPERINTENDENT  OF  SCHOOLS: 

duty  of,  as  to  truants 219 

SUPERVISION  OF  SCHOOLS: 

(See  County  Board  of  School  Examiners,  Chairman  of  Board  of  Inspectors.) 

SUPERVISOR: 

map  of  township  to  be  filed  with 

township  clerk  to  certify  taxes  to 79,  IS 

to  assess  school  taxes 82,  199 

to  assess  one-mill  tax 

equalization  of  taxes  by ^. 


INDEX.  167 


The  references  are  to  compiler's  sections. 

SUPERVISOR— Continued : 

certifying  and  levying  taxes  in  fractional  districts  by 85 

to  deliver  warrant  for  collection  of  taxes  to  township  treasurer 86 

to  assess  judgment  against  school  district 105 

liability  for  not  assessing  taxes 149 

(See  Taxes.) 

SURPLUS  OF  DOG  TAX: 

how  apportioned 243 

SURPLUS  OF  SCHOOL  MONEY: 

how  may  be  appropriated 43 

SUSPENSION: 

to  pupils  from  school 60 

of  teachers'  certificates 182 

TAXABLE  INHABITANTS: 

duties  in  relation  to  formation  of  "district 25 

penalty  for  neglect  of  duty ." 143 

TAXES : 

for  State  expenses 16 

specific,  how  applied 16 

non-taxpayers  not  to  vote  on  question  involving 40 

for  repairs  to  schoolhouse 43 

for  building  schoolhouse  or  purchasing  site 43 

for  apparatus,  etc.,  for  schoolhouse 43 

how  surplus  of  one-mill ,  may  be  applied 43 

what  land  exempt  from,  for  building  schoolhouse ' 43 

limit  of,  for  certain  purposes 43,  199 

for  incidental  expenses 52 

limit  of,  for  support  of  school 52 

estimated  and  reported  by  district  board 52,  199 

report  of,  by  board  to  township  clerk 53 

moneys  raised  by,  not  to  be  diverted 54 

for  books  for  indigent  children 59 

assessed  on  division  of  district 79 

when  reported  to  supervisor 79,  199 

apportionment  of,  wnen  collected 81 

failing  to  be  assessed,  to  be  levied  the  next  year 82 

supervisor  to  assess 82,  83,199 

assessment  of 82,  83 

duties  of  township  treasurer  relatiye  to  collection  of 82,  87 

assessment,  collection  and  disposition  of .      83 

in  township  before  any  school  is  maintained 83 

on  old  district  for  new 84 

certifying  of,  in  fractional  districts 85 

equalization  of 85 

warrant  for  collection  of , 86 

apportionment  of,  when  district  is  divided 88,  206 

for  school  purposes  to  be  paid  next  to  township  expenses ...  89 

91,  201 

97 

105 

141 

liability  of  supervisor  for  not  assessing 149 

school,  to  be  in  separate  column 200 

apportionment  of  surplus  dog 243 

how  raised,  etc.,  to  pay  tuition  and  transportation  of  certain  pupils.    .  310 
TEACHERS: 

public  moneys  not  to  be  paid  to,  not  holding  certificates 54 

to  keep  school  register 56 

to  be  furnished  with  copy  of  contract 56 

contracts  with 56,  126 

employment  of 56,  126,  198 

to  file  certificate  of  instruction  in  physiology,  etc.,  with  director 58 

list  of,  to  be  examined  by  inspectors 73 

not  to  act  as  agent  for  school  books,  etc 151 

qualifications  of 161 

to  give  instruction  regarding  prevention  of  communicable  diseases 164 

revocation  or  suspension  of  certificates 182,  249,  250,  258 

who  to  give,  certificates  to  graduates  of  certain  colleges 173-5 

examination  of,  by  county  board  of  school  examiners 179,  180 

certificates  given  to,  by  county  board  of  school  examiners 180 

grades  of,  certificates 181 

records  of,  certificates  to  be  kept 183 

list  of,  to  be  furnished  township  clerk 183 

fees,  to  pay  on  obtaining  certificates 209 

may  close  school  to  attend  institutes 212 

duty  of,  as  to  truants 219 

certificates  given  to  certain  pupils  of  State  Normal  school 249,  250 

State  Board  of  Education  to  grant  certain,  certificates 258 

examination  of,  by  State  Board  of  Education 258 

with  whom  to  file  certain  certificates 261 

who  to  appoint,  for  rural  high  schools 300 

act  to  define  qualifications  of  certain 305-7 

how  qualified  by  certificates  of  county  normal  training  classes 315 

how  provided  for 316 

employment  of,  in  day  schools  for  deaf 323 


when  township  treasurer  to  pay  out  certain 
may  be  raised  to  pay  borrowed  money 


judgments  against  districts 
for  support  of  libraries 


168  INDEX. 


The  references  are  to  compiler's  sections. 

TEACHERS'  ASSOCIATIONS: 

formation  and  incorporation  of 232-4 

TEACHERS'  INSTITUTES: 

funds  for  support  of,  how  raised 209,  210 

annual,  to  be  held  in  each  county 211 

counties  may  be  united  in 211 

teachers  may  close  school  to  attend 212 

conductor  of,  may  be  appointed 

expenses  of  how  paid 213 

State  Treasurer  to  aid 214 

State,  to  be  held  annually , 

expenses  of,  how  paid 215 

expense  vouchers  for,  where  filed 

who  may  publish  outlines  for 292 

TERM  OF  OFFICE: 

of  State  officers 

regents  of  the  University 9 

members  of  State  Board  of  Education 

district  officers 44,  124,  192 

members  of  board  of  school  examiners 176 

township  officers 192,  229 

board  of  trustees  of  rural  high  schools 

of  trustee's  in  cities  of  fourth  class 330 

TEXT-BOOKS: 

by  whom  prescribed 

on  physiology,  etc.,  by  whom  approved 58,  259 

to  be  furnished  to  indigent  children 

district  board  to  purchase,  when  authorized 153,  154 

district  to  vote  on  questi9n  of  furnishing 

when  to  be  property  of  district 

when  proposals  for,  advertised .  .• 

'  who  to  make  contract  for  furnishing 

who  to  estimate  amount  necessary  to  purchase 156 

when  district  board  to  purchase : 

penalty  for  failure  of  district  board  to  comply  with  law 158 

TOWNSHIP  BOARD: 

to  allow  accounts  of  inspectors 

duties  of,  in  case  of  appeal  from  inspectors'  action 121- 

may  remove  certain  officers 

when,  may  submit  question  of  rural  high  schools  to  electors 297 

TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS: 

abstracts  of  reports  of 

may  divide  township  into  school  districts 

school  districts  to  be  numbered  by 

may  alter  boundaries  of  districts 24,  35 

clerk  of,  to  notify  taxable  inhabitant  of  formation  of  district 

duties  of,  in  forming  fractional  districts 

notice  and  number  of  meetings 31,  75,  196 

may  attach  certain  non-residents  to  districts 

clerk  of,  to  notify  directors  of  alteration  in  districts 

to  determine  tax  on  division  of  district 

when  may  sell  schoolhouse  site 

to  apportion  property  on  division  of  district 35,  36,  206 

when  may  appoint  district  officers 46,  125 

director  to  report  to 

who  to  be  chairman  and  clerk  of 

who  to  constitute 70,  197 

chairman  to  be  treasurer  of,  and  give-bond 

reports  of,  to  be  made  in  triplicate 

to  whom  township  clerk  to  transmit  reports  of 

to  examine  list  of  teachers  before  reporting  to  county  clerk 

facts  relative  to  employment  of  unqualified  teachers  to  be  certified  by 

to  account  to  township  board  for  funds  received  and  disbursed 

records  of,  where  kept : 76 

library  money  subject  to  order  of 89,19! 

on  determining  site,  to  certify  to  directors 

when  to  determine  schoolhouse  site 106,  198 

appeal  from  action  of,  to  township  board 121o3 

restricted  in  altering  boundaries  of  graded  school  districts 127 

duties  of,  concerning  libraries J»"TlS 

to  purchase  books  for  township  library 132,  li 

to  apply  for  library  moneys 132,  It 

to  have  care  of  township  library 

penalty  for  neglect  to  qualify  or  perform  duties ft 

liability  for  neglect  to  report 

members  of,  may  be  removed  by  township  board 

examination  of  reports  of,  by  county  commissioner  of  schools 

compensation  of 

TOWNSHIP  CLERK: 

notice  of  formation  of  new  district  to  be  given  by 25,  26,  1£ 

to  give  notice  of  meeting  of  inspectors 

to  notify  director  of  alteration  in  district 

director  to  make  annual  report  to 

to  be  member  of  board  of  inspectors 70,  76,  194 

bond  of  chairman  of  board  of  inspectors  to  be  approved  and  filed  by 

may  bring  suit  against 


INDEX.  169 


The  references  are  to  compiler's  sections. 

TOWNSHIP  CLERK— Continued: 

to  forward  inspectors'  report  to  county  commissioner  of  schools 72 

to  receive  and  dispose  of  communications 76 

proceedings  of  board  of  inspectors  to  be  recorded  by 79 

duties  of,  as  inspector 76,  194 

records,  reports,  "books,  etc.,  to  be  kept  on  file  by 76,  202 

to  notify  county  clerk  of  name,  etc.,  of  chairman  of  board  of  inspectors 77 

map  of  township  to  be  filed  by,  with  supervisor 78 

to  report  taxes  to  supervisor 79,  196 

to  apportion  moneys  to  district 80,  81 

to  give  notice  to  director  of  moneys  apportioned 81 

to  apportion  one-mill  tax • 83 

bond  of  appellants  from  inspectors  to  be  approved  by 122 

not  to  act  on  township  board  in  case  of  appeal  from  inspectors 12g 

liability  for  neglect  in  transmitting  reports 146 

liability  for  not  reporting  taxes  to  supervisor 149 

order  for  removal  of  officers  to  be  recorded  by 150 

list  of  teachers  to  be  furnished  to 183,  202 

election  of 227 

compensation  of 231 

to  draw  books  for  township  officers 295 

to  be  clerk  of  board  of  trustees  of  rural  high  schools 299 

TOWNSHIP  DISTRICT: 

organization  of 191-206 

officers  of,  board 192 

time  and  place  of  meeting  of,  board 194,  196 

board,  duties  of 198 

amount  of  tax  voted  for 199 

report  of,  board 202 

disposition  of  property 203 

compensation  of,  board 205 

division  of 206 

TOWNSHIP  LIBRARIES: 
(See  Libraries.) 

TOWNSHIP  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 

TOWNSHIP  TREASURER: 

warrants  on,  by  whom  signed 63,  64 

to  draw  warrant  for  collection  of  taxes 86,  87 

duties  relative  to  taxes  in  fractional  districts 87,  91 

to  pay  school  taxes  next  to  township  expenses 89 

to  hold  moneys  subject  to  proper  orders  and  warrants 89,  198 

to  apply  to  county  treasurer  for  moneys 90 

to  give  notice  of  moneys  to  township  clerk 90,  91 

library  moneys  to  be  paid  by,  to  inspectors 132,  194,  198 

to  recover  penalties,  etc.,  from  certain  officers 146,  148 

election  of 227 

to  be  treasurer  of  board  of  trustees  of  rural  high  schools 299 

TRAINING  CLASSES: 

(See  County  Normal  Training  Classes.) 

TRAINING  SCHOOL: 

in  connection  with  State  Normal  school 248 

TRANSPORTATION: 

providing  for,  of  certain  pupils 310 

TREASURER,  COUNTY: 

(See  County  Treasurer.) 

TREASURER  OF  BOARD  OF  SCHOOL  INSPECTORS: 
(See  Chairman  of  Board  of  School  Inspectors.) 

TREASURER  OF  DISTRICT: 

acceptance  of  office 48,  125 

to  be  member  of  district  board 49 

when  and  how,  may  be  removed 50 

and  moderator  to  audit  director's  accounts 64 

warrants  on  t9wnship  treasurer  payable  to 64 

to  make  certain  report  to  district  board 69 

to  pay  orders  legally  drawn,  from  proper  fund 69 

to  keep  certain  records 69 

bond  required  of 69 

to  appear  for  district  in  suits 69 

money  paid  to,  from  old  district 80 

summons  to  be  served  on,  in  suits  against  district 100 

to  certify  judgment  against  district  to  supervisor 102-4 

penalty  for  neglecting  duties 144 

may  collect  damages  from  certain  officers 149 


(SeeJ3istric_t  JBoarcL  and  Moneys.) 


TREASURER,  TOWNSHIP: 

(See  Township  Treasurer.) 
TRIAL: 

(See  Action,  Proceedings  and  Suits.) 

ungraded  schools  to  be  provided  for 221 

who  deemed 222,  223 

to  be  tried  by  justice  or  recorder 220,  224 

when  sent  to  reformatory  institutions 224 


170 .  INDEX. 

The  references  are  to  compiler's  sections. 

TRUANT  OFFICERS: 

how  appointed 218 

compensation  of 218 

to  enforce  compulsory  education  laws 219 

duty  of,  to  examine  into  cases  of  truancy 219-20 

to  warn  truants  and  their  parents  or  guardians 219 

to  make  complaint  in  truancy  cases 220 

TRUSTEES: 

(See  Board  of  Trustees.) 

TUITION: 

i,iof  non-resident  pupils 62 

may  be  charged  for  studies  in  high  schools 126 

i  ^providing  for  payment  of,  for  certain  pupils 310 

'  "<"£  U. 

UNGRADED  SCHOOLS: 

may  be  established  in  graded  school  districts 221 

juvenile  disorderly  persons  to  be  sent  to 

UNION  SCHOOL  DISTRICT: 

(See  Graded  School  District.) 

UNITED  STATES  FLAG: 

purchase  of 170 

UNIVERSITY: 

constitutional  provisions  relative  to 9,  11 

regents  of,  may  grant  certain  certificates 172 

UPPER  PENINSULA: 
•act  for  organization  of  school  districts  in,  not  to  apply  to  Iron  county 207 

:*i 

V. 
VACANCY: 

in  State  offices,  how  filled 3 

office  of  regent  of  University,  how  filled 9 

how  filled  in  district  offices 45,  46 

in  board  of  trustees  of  graded  school  district 125 

how  filled  in  board  of  school  examiners 176 

'    in  office  of  county  commissioner  of  schools 187 

1    in  board  of  trustees  of  township  school  district \ 195 

'    in  board  of  library  commissioners 287 

(See  Appointment.) 

VARIETY  THEATRES: 

children  not  permitted  in,  etc 226 

VENIRE: 

in  proceedings  to  obtain  site 108.  110 

VISITATION : 

and  examination  of  schools 183,  198 

VOTERS: 

who  are  qualified 40 

challenge  of 41 

(See  District  Meetings.) 

VOUCHERS: 

for  expenditures  by  treasurer 69 

for  accounts  of  inspectors 

for  payments  at  teachers'  institutes 216 

W. 
WARRANTS: 

on  State  Treasurer  for  primary  school  interest  fund 

on  township  treasurer 63,  64,  89,  194 

to  township  treasurer  for  collection  of  taxes 86,  87 

WATER  SUPPLY: 

district  board  to  furnish 57 

WESTERN  STATE  NORMAL  SCHOOL: 

act  to  establish 272-278 

certain  department  to  be  maintained  at 2  79 

WITNESSES: 

in  proceedings  to  obtain  site 

WOMEN: 

qualified  as  voters  at  district  meeting 

eligible  to  election  as  district  officers 

m 

YEAR,  SCHOOL: 

when  to  commence 37 


re  0657 


:  ' 


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